Texas does not treat every domestic violence case the same. Charges can depend on the details of what happened and the type of relationship between the people involved. Some domestic violence cases are filed as misdemeanors, but others are charged as felonies with much more serious consequences.
How Domestic Violence Charges Are Categorized in Texas Law
In Texas, domestic violence is not a charge by itself. Instead, prosecutors apply general criminal charges like assault and then add details about the relationship between the people involved. The seriousness of the charge can also change based on past history, injuries, or whether a weapon was used.
What Makes an Offense a Class C Misdemeanor
Some domestic violence cases are charged as Class C misdemeanors. This usually happens when the allegation involves verbal threats, insults, or physical contact that is considered offensive but does not cause pain. While these cases are less serious, they still show up on background checks and should not be ignored.
When an Assault Charge Is Filed as a Misdemeanor
If someone is accused of causing bodily injury or physical pain to a family or household member, that case is typically filed as a Class A misdemeanor. This is the most common form of domestic violence charge in Texas. The charge is labeled as assault, but it takes on added weight because of the personal relationship involved.
Which Domestic Violence Cases Are Automatically Charged as Felonies
Some situations lead to felony charges from the start. If the allegation includes strangulation, use of a weapon, or a prior conviction for domestic violence, the case may be filed as a third-degree felony or higher. These cases often involve charges like aggravated assault and can carry long prison sentences if there is a conviction.
How Texas Assigns Penalties to Domestic Violence Offenses
In Texas, the penalty for a domestic violence charge depends on the level of the offense and whether the person has a criminal history. The more serious the allegation or the longer the record, the harsher the consequences can be. The law also includes built-in restrictions that can follow someone long after the case is closed. Here are some of the penalties tied to domestic violence charges in Texas:
- A Class C misdemeanor may result in a fine of up to $500.
- A Class A misdemeanor can include up to one year in jail and a fine of up to $4,000.
- Felony convictions can lead to prison sentences that range from two to 20 years.
- A person convicted of family violence may lose the right to own or possess firearms.
- Protective or restraining orders may be issued and enforced for several years.
- Some defendants are placed on supervised probation with strict reporting conditions.
- Courts often order the completion of a battering intervention or domestic violence education program.
- A conviction becomes part of a permanent record and can affect employment or housing opportunities.
Texas judges have discretion when handing down sentences, but prior offenses or aggravating factors can raise the stakes quickly. A history of violence, the use of a weapon, or serious bodily injury may turn a misdemeanor into a felony. Under Texas Penal Code § 22.01 and § 22.02, along with Texas Family Code § 71.004, domestic violence offenses are taken seriously and often require a compelling criminal defense.