Jeremy Rosenthal | August 24, 2026 | Domestic Violence
Whether a domestic violence conviction is a felony in Texas depends on the circumstances. It can be confusing because domestic violence isn’t a standalone crime in Texas; instead, family violence can affect how certain offenses are charged when the alleged conduct involves a family or household member or dating partner.
How Does Texas Define Domestic or Family Violence?
The definition of family violence comes from the Texas Family Code, and includes certain acts by one family or household member against another that are intended to result in physical harm, bodily injury, assault, or sexual assault, or that constitute a threat reasonably placing the person in fear of imminent physical harm.
Family members generally include spouses, relatives by blood or marriage, people who live together, co-parents, and individuals in dating relationships. While the Family Code supplies the definition, criminal charges commonly arise under Texas Penal Code § 22.01, the assault statute.
Depending on the conduct alleged, assault can include:
- Causing bodily injury to another person
- Threatening another person with imminent bodily injury
- Certain physical contact that the person knows or should know the other will regard as offensive or provocative
The relationship between the people involved matters because it can affect how the offense is classified
When Is Domestic Violence a Misdemeanor in Texas?
A first allegation of assault causing bodily injury against a family or household member or dating partner is commonly prosecuted as a Class A misdemeanor when no felony-enhancing circumstances apply.
A Class A misdemeanor in Texas can carry:
- Up to one year in county jail
- A fine of up to $4,000
The fact that it’s a misdemeanor does not mean it isn’t a serious situation. A conviction obviously still carries serious penalties, as listed above, and also brings along with it collateral consequences. It can affect firearm rights under state and federal law, immigration status, professional licenses, child custody disputes, and housing and employment opportunities.
When Does Domestic Violence Become a Felony?
Several circumstances can elevate an assault involving family violence from a misdemeanor to a felony. This often occurs in the following situations:
Prior Domestic Violence Conviction
An assault causing bodily injury can generally become a third-degree felony when it is committed against a qualifying family member, household member, or dating partner and the defendant has certain prior convictions involving family violence.
Strangulation or Suffocation
Assault can also be elevated to felony status when it involves intentionally, knowingly, or recklessly impeding the normal breathing or blood circulation of a qualifying family member, household member, or dating partner.
Continuous Violence Against the Family
Texas also criminalizes patterns of family violence through a separate offense. Under Texas Penal Code § 25.11, a person can be charged with continuous violence against the family if, during a period of 12 months or less, the person allegedly commits assault causing bodily injury against a family or household member two or more times.
Most importantly, the prosecution does not necessarily have to prove that each alleged assault resulted in a separate prior conviction before filing this charge. The two or more alleged assaults themselves, even when no charges were filed, can form the basis of the offense. Continuous violence against the family is a third-degree felony.
A third-degree felony in Texas generally carries:
- 2 to 10 years in prison
- A fine of up to $10,000
For someone facing this charge, the stakes are incredibly high, and it’s important to get help from a defense attorney right away.
Possible Legal Defenses When Facing Felony Domestic Violence Charges
A felony family-violence charge is an accusation, not a conviction; the State still has to prove every element beyond a reasonable doubt, and these cases often have legitimate defenses that can be raised.
- Self-defense or defense of others
- False allegations
- Lack of intent or accident
- Insufficient evidence
- Challenging a prior conviction
Which defenses apply depends entirely on the facts of the case.
Contact Texas Defense Firm To Schedule a Confidential Consultation With a McKinney Criminal Defense Attorney
Family-violence charges in Texas escalate quickly, and the consequences are severe. If you or a loved one has been accused of domestic or family violence, don’t wait to see how the case develops. Even if you haven’t officially been charged yet, it’s important to speak with a defense attorney as soon as possible so your side of the story is heard.
Contact Texas Defense Firm today to schedule a confidential consultation with a McKinney criminal defense lawyer.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
