Assault Family Violence in Texas: What the Charge Really Means
📚 TL;DR (Quick Summary)
Assault Family Violence (AFV) is assault under Texas Penal Code §22.01 committed against a family member, household member, or dating partner. First offense with bodily injury is a Class A misdemeanor (up to 1 year, $4,000). It becomes a 3rd-degree felony with a prior FV conviction or if choking is alleged. The "family violence finding" itself is the real punishment: lifetime federal firearm ban, no sealing/expunction of convictions, custody consequences, and immigration exposure. Only the DA — not the alleged victim — can drop the charge.
1Charge Levels and Automatic Enhancements
- Class C misdemeanor: offensive contact or threat, no injury — fine only, but the FV finding still hurts.
- Class A misdemeanor: assault causing bodily injury (pain is enough — no bruise required) against a family/household/dating member.
- 3rd-degree felony: prior family-violence conviction, OR impeding breath/circulation (choking) — 2–10 years TDCJ.
- 2nd-degree felony: choking + prior FV conviction, or aggravated assault (serious bodily injury/deadly weapon) — 2–20 years.
- Continuous violence against the family (§25.11): two or more assaults within 12 months — 3rd-degree felony even without convictions on the earlier incidents.
2Why Victims Can't Drop It — and How These Cases Are Defended
Ector and Midland County DAs prosecute AFV cases even when the complaining witness recants — using the 911 call, body-cam footage, photos, and excited-utterance testimony. An affidavit of non-prosecution helps but does not control the outcome. Meanwhile, an emergency protective order (EPO) may bar you from your own home for 31–91 days.
Defenses that actually work: self-defense (§9.31), mutual combat context, lack of intent, inconsistent injuries vs. the story, and motive to fabricate in a pending divorce or custody fight. Never plead guilty to "get it over with" — even deferred adjudication on an FV charge can never be sealed and triggers the federal gun ban. Related reading: Is domestic violence a felony? Consultation: (432) 366-6000.
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?Frequently Asked Questions
Can my spouse drop the assault charge against me in Texas?+
What is an "affirmative finding of family violence"?+
Will an AFV charge affect my divorce or custody case?+
Can I get an assault family violence charge expunged?+
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Written by Anthony Robles
Legal expert with over 15 years of experience in family law. Dedicated to helping clients navigate complex legal situations with compassion and expertise.
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