Is Domestic Violence Considered a Misdemeanor or a Felony in Texas?
Domestic violence often starts with small offenses that escalate over time. There are multiple types of domestic violence crimes you could be accused of committing.
When law enforcement officials respond to a domestic violence (DV) call, more often than not, police officers may be required to take the party who initiated the incident into custody, where they may face criminal charges. Here is more about what the law says about domestic violence, the different types of domestic violence charges, and the possible penalties you could face if you are found guilty.
Defining Domestic Violence in Texas
Domestic violence is also commonly referred to as “family violence” under Texas Family Code, Chapter 71.004. This can involve any type of violent crime against a family or household member. This might include:
- Assault under PENAL § 22.01
- Sexual assault under PENAL CODE CHAPTER 21
- Rape
Family violence charges may also apply if you threaten to cause severe bodily injury, sexual violence, or death to someone else in your family or household.
Types of Domestic Violence Under Texas Law
Generally, domestic violence charges can be tried as misdemeanors or felonies, as they are wobbler offenses. Your criminal record, the type of domestic violence offense, and the extent of the alleged victim’s injuries could all determine whether your case is tried at the misdemeanor or felony level. The three primary types of domestic violence include:
- Continuous domestic violence
- Domestic violence or assault
- Aggravated domestic violence or assault
Continuous Domestic Violence
The statute for continuous domestic violence can be found under PENAL § 25.11. Here, if there have been a minimum of two assault charges against a family or household member within a 12-month span, continuous domestic violence charges may apply. These are generally tried as a third-degree felony. If convicted, you could spend up to 10 years in prison and be ordered to pay fines of up to $10,000.
Domestic Violence or Assault
Domestic violence or assault is considered a Class A misdemeanor, depending on the specific circumstances of your case. If you have multiple criminal charges on your record, the district attorney may opt to elevate your charges to the felony level. However, if you are charged with a Class A misdemeanor, you could be ordered to pay fines up to $4,000 and spend as much as one year in a Texas state prison. If your charges are elevated to a third-degree felony, expect to pay upwards of $10,000 in fines and be prepared for the possibility of a 10-year prison sentence.
Aggravated Domestic Violence or Assault
It is also possible you could be charged with aggravated domestic violence or assault. This is a more serious offense than simple assault charges. Here, the assault in question must lead to disfigurement, scarring, broken bones, or other serious bodily injuries.
Aggravated domestic violence charges may also apply if you are accused of using or threatening to use any type of deadly weapon while committing the assault. Examples of such weapons could include:
- Golf clubs
- Knives
- Baseball bats
- Firearms
- Stun guns
- Vehicles
Generally, aggravated assault is considered a second-degree felony. If you are convicted, you could be ordered to pay up to $10,000 in fines and spend up to 20 years in a Texas state prison.
Domestic Violence Can Be Prosecuted as a Misdemeanor or Felony
Since there are multiple types of domestic violence offenses, it should come as no surprise that DV itself can be prosecuted as a wobbler crime. The type of domestic violence charge you are facing will determine whether you are tried at the misdemeanor or felony level. Your domestic defense strategy can be the defining factor.