Is Domestic Violence a Felony in Texas?
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
When DV is misdemeanor vs felony
Standard assault by family violence (no priors, no aggravators): Class A misdemeanor.
The case becomes felony when:
- Prior family violence conviction: Third-degree felony under §22.01(b)(2)(A)
- Strangulation or suffocation: Third-degree felony under §22.01(b)(2)(B)
- Aggravated assault on family member: Second-degree or first-degree felony under §22.02
- Continuous family violence: Third-degree felony under Penal Code §25.11
- Family violence with deadly weapon: Aggravated assault, second-degree felony
Federal firearm consequences (key issue)
Even misdemeanor domestic violence in Texas triggers permanent federal firearm prohibition under the Lautenberg Amendment (18 U.S.C. §922(g)(9)). Texas misdemeanor convictions for offenses involving "physical force or attempted use of physical force" against family member or intimate partner permanently disqualify from firearm possession.
This is one of the most consequential aspects of Texas DV cases. Even where the case stays misdemeanor and probation is granted, the federal firearm prohibition is permanent. Texas cannot restore federal firearm rights; only specific federal procedures can.
Defense work routinely focuses on either: (1) avoiding conviction through dismissal or pretrial diversion, or (2) structuring plea to avoid the "family violence" finding that triggers federal prohibition.
Defense considerations
Texas family violence cases follow distinct patterns:
- Victim cooperation issues are common (delayed reporting, victim reluctance, victim recantation)
- Texas Family Code Chapter 85 protective order proceedings often run parallel to criminal cases
- Mutual combat scenarios complicate primary aggressor analysis
- Substance abuse, mental health often factor into the case
- Custody implications for parents involved
Defense approach typically includes:
- Affidavit of non-prosecution from victim (if victim chooses)
- Counseling and anger management enrollment
- Substance abuse evaluation
- Communication with prosecutor about case
Most first-time misdemeanor DV cases plead to deferred adjudication with conditions, but federal firearm consequence depends on case structure. Working with attorney experienced in DV cases is critical.
Texas family-violence assault — misdemeanor vs. felony
| Scenario | Offense level | Punishment range |
|---|---|---|
| Assault causing bodily injury to a family member, no priors or aggravators (§ 22.01(b)(2)) | Class A misdemeanor | Up to 1 year county jail + up to $4,000 |
| With a prior family-violence conviction (§ 22.01(b)(2)(A)) | Third-degree felony | 2 to 10 years TDCJ + up to $10,000 |
| By strangulation or suffocation (§ 22.01(b)(2)(B)) | Third-degree felony | 2 to 10 years TDCJ + up to $10,000 |
| Continuous violence against the family — two assaults within 12 months (§ 25.11) | Third-degree felony | 2 to 10 years TDCJ + up to $10,000 |
| Aggravated assault on a family member — deadly weapon or serious bodily injury (§ 22.02) | Second- or first-degree felony | 2 to 20 years (first-degree: 5 to 99 or life) + up to $10,000 |
| A family-violence finding triggers a permanent federal firearm prohibition under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)) — even on a misdemeanor. Sources: Texas Penal Code § 22.01, § 22.02, § 25.11. | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Will my spouse pressing charges always result in prosecution?
No. The prosecutor decides whether to proceed regardless of victim wishes. Many Texas counties continue prosecuting DV cases even when victim is reluctant or recants. The state can subpoena victims as witnesses. Victim non-cooperation makes prosecution harder but doesn't automatically dismiss.
Can I get a deferred adjudication on misdemeanor DV?
Yes, generally. Successful completion ends case without conviction. However, the federal firearm prohibition still attaches due to specific federal interpretation of "conviction" including some deferred adjudications. Defense work focuses on structuring the plea to minimize federal consequence where possible.
What's "continuous family violence"?
Penal Code §25.11 makes it a third-degree felony to engage in conduct that causes bodily injury to family member two or more times within 12-month period. The continuous nature converts what would be two misdemeanor assaults into a felony. Defense focuses on whether the alleged incidents meet the elements and timeline.
How does this affect custody?
Texas Family Code §153.004 specifically requires courts to consider history of family violence in custody determinations. Even pending charges can affect custody. Convictions or findings of family violence can result in supervised visitation, denial of custody, or other restrictions. Coordination with family law counsel is essential.
Can I be charged for a fight initiated by my partner?
Possibly. The primary aggressor analysis attempts to identify who started the violence, but Texas police often arrest both parties or arrest the person who appears more culpable based on physical evidence. Self-defense claims (Penal Code Chapter 9) may apply if the defendant was truly responding to attack.
