An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Is family violence assault a felony in Texas?
In short: Usually not on a first arrest: assault causing bodily injury to a family member, household member or dating partner is a Class A misdemeanor. It is a third-degree felony if the person has a prior family violence conviction or deferred adjudication, or if the State alleges impeding breath or circulation (Penal Code 22.01(b)(2), (f)). With both, it is a second-degree felony (22.01(b-3)).
When else is it a felony?
Aggravated assault (serious bodily injury or a deadly weapon) is a second-degree felony, and a first-degree felony when a deadly weapon is used and serious bodily injury is caused to a family member, household member or dating partner (Penal Code 22.02). Two or more family violence assaults within 12 months can be charged as continuous violence against the family (25.11).
Why does a misdemeanor still matter?
A family violence finding can make the next case a felony, blocks nondisclosure (Government Code 411.074) and brings firearm restrictions after a conviction.
More: family violence assault defense.
When is family violence charged as a felony?
| Situation | Level | Statute |
|---|---|---|
| Assault causing bodily injury, no qualifying prior | Class A misdemeanor | Penal Code 22.01(a)(1) |
| Assault with a prior family violence conviction (or deferred) | Third-degree felony | Penal Code 22.01(b)(2)(A), (f) |
| Impeding breath or circulation | Third-degree felony | Penal Code 22.01(b)(2)(B) |
| Two or more family violence assaults within 12 months | Third-degree felony (continuous violence against the family) | Penal Code 25.11 |
| Aggravated assault (serious bodily injury or deadly weapon) | Second-degree felony | Penal Code 22.02 |
| Deadly weapon used against a family member, household member or dating partner, causing serious bodily injury | First-degree felony | Penal Code 22.02(b)(1) |
What is continuous violence against the family?
Under Penal Code 25.11, a person commits a third-degree felony if, two or more times within 12 months, the person commits family violence assault against one or more family members, household members or dating partners. The prior incidents do not need to have resulted in convictions.
Does a prior deferred adjudication count?
Yes. For enhancing a family violence assault, a prior deferred adjudication for a family violence offense counts as a conviction (Penal Code 22.01(f)).
What does a felony family violence case look like in Dallas County?
The case is presented to a grand jury and, if indicted, heard in a Criminal District Court at the Frank Crowley Courts Building. Bond conditions usually include no contact, and an emergency protective order is common. The DA's general felony pretrial diversion program lists violent offenses as ineligible.
How are these cases defended?
- Challenging the prior conviction used for enhancement, including whether it had a family violence finding
- Challenging the evidence of impeding breath, which does not require visible injury but must be proved
- Self-defense, credibility and whether statements can be used without the accuser testifying
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
What are the consequences of a felony family violence conviction?
- Prison range of 2 to 10 years for a third-degree felony, or more for aggravated assault
- Loss of firearm rights under Texas and federal law
- No nondisclosure, and a finding that enhances any future case
- Effects on jobs, housing and professional licenses
- Possible protective orders lasting two years or longer
What is the timeline?
- Arrest, magistration and an emergency protective order
- Release on bond with no-contact conditions
- Grand jury presentation and indictment or no-bill
- District court settings, discovery and negotiation
- Plea, dismissal or jury trial with 12 jurors
Key terms
- Family violence finding
- A finding in the judgment that the offense involved family violence, which affects enhancement, sealing and firearms.
- Enhancement
- A prior conviction or other fact that raises the punishment level.
- Emergency protective order
- A magistrate's order after an arrest that can require the accused to stay away from the alleged victim.
- BIPP
- Battering Intervention and Prevention Program, a common probation condition in family violence cases.
- Deferred adjudication
- Supervision without a finding of guilt; if completed, the case is dismissed.
Common mistakes to avoid
- Talking about the facts with police, friends or on social media
- Missing a court date or a bond condition
- Assuming the case will be dropped without action
- Waiting until the last minute to gather records and witnesses
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Does deferred count as a prior?
Yes, for family violence enhancement under Penal Code 22.01(f).
What is continuous violence against the family in Texas?
Two or more family violence assaults within 12 months, a third-degree felony under Penal Code 25.11, even if earlier incidents did not lead to convictions.
Can a family violence felony be reduced to a misdemeanor?
Sometimes, through negotiation, depending on the evidence and the prior record.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.