Criminal Law · 2024-10-19 · 9 min read · Anthony Robles
Is Domestic Violence a Felony? Texas Charging Levels Explained
TL;DR (Quick Summary)
Domestic (family) violence in Texas ranges from a Class C misdemeanor to a 1st-degree felony. First-offense assault causing bodily injury is a Class A misdemeanor. It becomes a FELONY when: there's a prior family-violence conviction (3rd degree), the assault involved choking/impeding breath (3rd degree; 2nd with a prior), two or more assaults occur within 12 months (continuous violence, 3rd degree), or serious bodily injury/a deadly weapon is involved (aggravated, 2nd or 1st degree). Even misdemeanor convictions carry the lifetime federal gun ban and can never be sealed.
The Four Paths to a Felony Charge
- Prior conviction (§22.01(b)(2)(A)): any previous family-violence conviction — including out-of-state — makes the next bodily-injury assault a 3rd-degree felony (2–10 years).
- Choking (§22.01(b)(2)(B)): impeding normal breathing or blood circulation is an automatic 3rd-degree felony on a first offense; with a prior FV conviction it's 2nd degree (2–20 years).
- Continuous violence (§25.11): two or more family-violence assaults within 12 months = 3rd-degree felony, even if neither incident was separately prosecuted.
- Aggravated assault (§22.02): serious bodily injury or use/exhibition of a deadly weapon — 2nd degree; 1st degree (5–99 years) if committed against a family member with both SBI and a weapon.
Consequences Beyond Jail — and Why the Finding Matters Most
Every level of family violence carries the affirmative finding that outlasts the sentence: a lifetime federal firearm prohibition (18 U.S.C. §922(g)(9)), ineligibility for expunction or nondisclosure — even after deferred adjudication — immigration consequences (deportable offense), loss of the joint-custody presumption in family court, and enhancement of any future allegation to a felony. Protective orders layered on top can remove you from your home and restrict contact with your children.
Defense matters at every level: self-defense, fabrication in pending divorces, inconsistent medical evidence, and suppression of statements. See also: Assault family violence charges explained. We defend these cases across the Permian Basin — confidential consultation: (432) 366-6000.
Frequently Asked Questions
Is a first-time domestic violence charge a felony in Texas?
Usually a Class A misdemeanor — unless choking is alleged, serious injury occurred, or a weapon was involved, any of which make even a first offense a felony.
How long do you go to jail for felony domestic violence?
3rd degree: 2–10 years. 2nd degree: 2–20 years. 1st degree: 5–99 years. Probation or deferred adjudication may be available, but the family-violence finding still attaches.
Can a felony DV charge be reduced to a misdemeanor?
Sometimes — through negotiation, weak choking evidence, or 12.44 reductions. An attorney who knows the local DA's policies is essential; some counties have strict no-drop DV units.
Does a DV conviction take away my gun rights?
Yes — any conviction (felony or misdemeanor) with a family-violence finding triggers a lifetime federal firearm ban. This applies even to deferred adjudication in many circumstances.