In Texas, domestic violence—legally termed “family violence”—is taken extremely seriously by prosecutors and courts alike.
These charges can range from misdemeanors to felonies depending on the specific circumstances, prior criminal history, and severity of the alleged incident.
If you’re facing domestic violence accusations anywhere in North Texas, understanding the potential charges and their consequences is key to protecting your future.
If you have any questions or need legal guidance, contact our Texas Criminal Defense Lawyers online or at (972) 528-0116 for a consultation today.
What is Considered Domestic Violence in Texas?
Under Texas Family Code §71.004, family violence is defined as:
“An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.”
Family violence encompasses various acts including:
- Physical violence causing bodily injury
- Assault with or without actual contact
- Threats that create reasonable fear of imminent harm
- Emotional abuse (in some circumstances)
- Sexual abuse against family members
The law specifically applies to violence between people who have these relationships:
- Current or former spouses
- Parents of the same child (even if never married)
- Current or former dating partners
- Family members by blood, marriage, or adoption
- Current or former household members living together
⚠️ Family violence allegations can arise from many situations, including heated arguments that escalate or misunderstandings between household members. Even when no physical injuries occur, individuals can face serious charges based solely on statements from alleged victims.
These situations require careful legal navigation and thorough investigation to protect the accused’s rights.
Is Domestic Violence a Misdemeanor or Felony in Texas?
Whether domestic violence is charged as a misdemeanor or felony in Texas depends on several factors:
- Severity of injuries sustained by the alleged victim
- Whether a weapon was used or displayed
- The defendant’s prior criminal history, especially related to domestic violence
- Whether choking/strangulation occurred
| Classification | Description | Example Scenario |
|---|---|---|
| Class C Misdemeanor | Offensive contact without pain or threats without causing fear | Pushing or shoving without causing pain |
| Class B Misdemeanor | Threats causing fear of imminent bodily injury | Threatening to harm someone, causing them fear |
| Class A Misdemeanor | Causing bodily injury (first offense) | Slapping that causes pain or visible injury |
| Third-Degree Felony | Second offense or involving strangulation | Repeat offense or choking/impeding breath |
| Second-Degree Felony | Serious bodily injury or use of a deadly weapon | Attack causing broken bones or using a weapon |
💡The same fundamental act can be charged at very different levels depending on the specific circumstances and your prior history.
Penalties for Domestic Violence Convictions in Texas
The consequences of a domestic violence conviction can be life-altering:
Misdemeanor Penalties
- Class C Misdemeanor: Fine up to $500
- Class B Misdemeanor: Up to 180 days in jail and $2,000 fine
- Class A Misdemeanor: Up to 1 year in jail and $4,000 fine
Felony Penalties
- Third-Degree Felony: 2-10 years in prison and up to $10,000 fine
- Second-Degree Felony: 2-20 years in prison and up to $10,000 fine
⚠️Beyond Criminal Penalties: A domestic violence conviction also triggers:
- Federal prohibition on gun ownership
- Potential loss of professional licenses
- Housing discrimination
- Immigration consequences for non-citizens
- Use against you in child custody proceedings
- Social stigma and damage to your reputation
If you’re facing domestic violence charges, understanding the potential penalties is important. Contact us today to discuss your case and explore your legal options.
Factors That Influence Felony vs Misdemeanor Charges
Prosecutors consider these key factors when determining charge levels:
Level of Injury
The more serious the injury, the more severe the charge. Minor injuries like bruises typically result in misdemeanor charges, while broken bones, disfigurement, or injuries requiring hospitalization can lead to felony charges.
Presence of a Deadly Weapon
Using any object that could cause death or serious bodily injury—including household items like kitchen knives—can elevate domestic violence to a felony, even if no significant injury occurred.
Relationship to the Alleged Victim
While all domestic relationships are covered, violence against certain protected individuals (like pregnant partners) may be charged more severely.
Prior Family Violence History
Having a prior conviction for domestic violence automatically elevates a subsequent offense to a third-degree felony, regardless of the severity of the new incident.
Common Defenses Against Domestic Violence Charges
We develop strategic defenses based on the unique facts of each case:
- Self-Defense: If you reasonably believed you were in danger and used proportional force to protect yourself, this may constitute a valid defense.
- False Accusations: Unfortunately, domestic violence allegations are sometimes made falsely during contentious divorces, custody disputes, or as revenge. We investigate thoroughly to uncover the truth.
- Lack of Evidence: Prosecutors must prove every element of the offense beyond a reasonable doubt. Often, there is insufficient evidence to meet this high standard.
- Police Errors: From improper evidence handling to Miranda rights violations, police mistakes can lead to dismissal of charges or suppression of evidence.
Evidence Matters in Domestic Violence Cases
In domestic violence cases, careful analysis of evidence is vital. What might initially be charged as felony domestic violence (such as alleged strangulation) can sometimes be reduced to lesser charges with thoroughly examined medical records and witness statements to identify inconsistencies.
✔️This kind of detailed investigation by our attorneys can make the difference between facing prison time and receiving probation.
Why Hire a Criminal Defense Lawyer Immediately?
When facing domestic violence allegations, time is of the essence:
- Protective orders are often issued immediately and can force you from your home
- Evidence disappears quickly, including witness memories and surveillance footage
- Early intervention can sometimes prevent charges from being filed
- Strategic planning before formal charges improves outcomes
With over 35 years of experience defending against domestic violence charges, our attorneys know how to build effective defense strategies from day one.
Don’t wait until it’s too late. Call our Dallas domestic violence attorneys today for a free, confidential consultation.
Long-Term Consequences of a Family Violence Conviction
The impact of a domestic violence conviction extends far beyond court-ordered punishment:
- Federal Firearms Prohibition: Under federal law (18 U.S.C. § 922(g)(9)), anyone convicted of a domestic violence offense—even a misdemeanor—is permanently prohibited from possessing firearms or ammunition.
- Employment Obstacles: Many employers conduct background checks and refuse to hire individuals with domestic violence convictions, particularly in fields involving vulnerable populations or security clearances.
- Child Custody Implications: Texas family courts consider domestic violence history when determining custody arrangements. A conviction can severely limit your rights regarding your children.
- Housing Barriers: Many landlords and property management companies screen for criminal history and may deny housing to those with domestic violence convictions.
- Immigration Consequences: For non-citizens, a domestic violence conviction can trigger deportation proceedings or prevent naturalization.
How an Attorney Can Help Reduce or Dismiss Charges
With the right legal representation from our experienced firm, there are multiple pathways to mitigating the impact of domestic violence charges:
Pretrial Diversion Programs
First-time offenders may qualify for programs that, when completed successfully, result in the dismissal of charges. These programs are designed to help address underlying issues and provide an opportunity for rehabilitation.
- Anger management classes
- Batterer’s intervention programs
- Counseling or therapy
- Community service
✔️These programs offer a chance to avoid a criminal record, provided they are completed in full. Our attorneys can help guide you through the process and ensure you meet all the requirements for dismissal.
Negotiated Plea Agreements
Our lawyers can often negotiate a reduction in charges or a more favorable sentence. We use our experience to work out deals that help you avoid severe consequences while protecting your rights.
✔️We understand the importance of minimizing penalties, and we’ll fight to ensure any plea agreement works in your favor. This could include negotiating a plea to a lesser offense or securing a sentence with alternatives like probation.
Motion to Suppress Evidence
If evidence was obtained illegally or your rights were violated, we can file a motion to suppress it. By challenging improper procedures, we aim to weaken the prosecution’s case and increase your chances of a favorable outcome.
✔️Our goal is to ensure law enforcement follows the law during your arrest. If they don’t, we’ll fight to have illegally obtained evidence excluded from your case.
Trial Defense
When a plea deal isn’t an option, our trial attorneys are ready to fight for you. We challenge every piece of evidence and argue strongly for your innocence to secure the best possible result.
✔️We will vigorously cross-examine witnesses and present a compelling defense. Our team is committed to doing everything we can to get you a favorable verdict.
Our Texas Criminal Defense Lawyers - Defending Your Future Against Allegations
Family violence accusations can upend your life in an instant. Texas prosecutors aggressively pursue these cases, often seeking the harshest possible penalties.
Without experienced legal representation, you risk:
- Criminal conviction with lasting consequences
- Loss of freedom through incarceration
- Separation from your home and family
- Damage to your reputation and career
Our attorneys understand the gravity of domestic violence charges. Since 2002, our firm has successfully defended countless clients across Dallas County and North Texas, including those in Plano Criminal Defense and Allen Criminal Defense.
Don’t face these serious charges alone. Contact our experienced family violence defense attorneys today at (972) 528-0116 for a free, confidential consultation.
Frequently Asked Questions About Domestic Violence Charges
What is the difference between misdemeanor and felony domestic violence in Texas?
Misdemeanor domestic violence typically involves threats or bodily injury without serious harm, while felony charges apply when there’s serious bodily injury, use of a weapon, strangulation, or when the defendant has prior family violence convictions. Misdemeanors carry up to one year in jail, while felonies can result in 2-20 years in prison.
Can a domestic violence charge be dropped in Texas?
Yes, charges can be dropped, but in Texas, only prosecutors have the authority to dismiss charges—not victims. Even if the alleged victim recants or refuses to cooperate, prosecutors may proceed with the case using other evidence. Having skilled legal representation significantly increases the chances of charge dismissal.
How long does a domestic violence case take in Texas?
Domestic violence cases typically take 3-12 months to resolve, depending on case complexity, court backlog, and whether the case goes to trial. Misdemeanor cases generally move faster than felony cases. During this time, temporary protective orders may restrict your movements and contacts.
Will I go to jail for first-time domestic violence charges in Texas?
Not necessarily. First-time offenders with no aggravating factors often receive probation rather than jail time, especially with strong legal representation. Factors affecting jail likelihood include injury severity, whether weapons were involved, and your criminal history. Early intervention by an attorney can significantly reduce the risk of incarceration.
Can domestic violence charges be expunged in Texas?
Domestic violence convictions generally cannot be expunged in Texas. However, if charges were dismissed or you were acquitted at trial, you may qualify for expunction. If you received deferred adjudication for a misdemeanor, you might qualify for non-disclosure after waiting periods. Consult with an attorney to explore your specific options.