Can A Domestic Violence Charge Become A Felony In Texas?
Domestic violence charges in Texas can quickly become more serious than many people realize. We often talk to people who thought they were only facing a misdemeanor after an argument with a spouse, partner, or family member, but then find out that prosecutors are seeking felony charges that could mean years in prison. Texas law allows domestic violence charges to be increased in several ways, and prosecutors in Galveston County will pursue those enhancements if the facts support them.
Even before any conviction, just being arrested can impact your job, your reputation, your right to own firearms, and even future child custody cases. If you are facing domestic violence allegations in Galveston, knowing how Texas law works and acting quickly can make a big difference in your case.
Understanding How Texas Defines Domestic Violence
Texas law does not actually use the term “domestic violence” in its criminal statutes. Instead, Texas law uses the phrase “family violence” to describe criminal conduct involving certain relationships. Under Texas Family Code § 71.004, family violence generally means an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, sexual assault, or a threat that reasonably places another person in fear of imminent physical harm.
Family violence allegations can happen between spouses, ex-spouses, dating partners, parents and children, roommates, or other people living together. Many cases start with a verbal argument that gets out of hand and leads to police being called. When officers arrive, they usually have only a short time to figure out what happened and decide if someone should be arrested. They often rely on witness statements, visible injuries, 911 calls, and what they see at the scene.
Texas officers are told to make arrests in family violence cases if they have probable cause. This means someone can be arrested even if both people tell different stories about what happened. Many people are surprised to find out that just an accusation can start a criminal case. Being arrested does not mean you are guilty, but it does mean you should take the situation seriously right away.
When Domestic Violence Starts As A Misdemeanor Charge
Many domestic violence cases begin as misdemeanor assault allegations under Texas Penal Code § 22.01(a)(1). Under this statute, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. In Texas, bodily injury is broadly defined and can include physical pain, illness, or impairment of a person’s physical condition.
When family violence is involved, prosecutors often charge it as a Class A misdemeanor assault. If convicted, you could face up to one year in county jail and fines up to $4,000 under Texas Penal Code § 12.21. These penalties are serious, but the long-term effects can be just as important. A family violence conviction can cause problems that last long after your sentence is over. Unfortunately, domestic violence offenses are treated differently from many other criminal cases. Certain convictions can permanently affect firearm rights under federal law and can create significant challenges when seeking employment, housing, or professional licenses. This is why it is critical to build a defense immediately rather than assuming a misdemeanor charge is minor.
Prior Family Violence Convictions Can Turn A New Charge Into A Felony
One of the most common ways a domestic violence allegation becomes a felony is through prior convictions. Texas Penal Code § 22.01(b)(2)(A) provides that assault involving family violence becomes a third-degree felony if the accused has a prior conviction involving family violence.
This enhancement often catches people off guard. Texas prosecutors can use older convictions to increase the severity of a new case. Something that may have occurred years ago can suddenly become the foundation for a felony prosecution today. A person who previously resolved a misdemeanor case may not realize how heavily that prior conviction can impact future allegations.
A third-degree felony comes with serious penalties. Under Texas Penal Code § 12.34, a conviction can mean two to ten years in prison and fines up to $10,000. Prosecutors in Galveston County look closely at your criminal history before deciding how hard to push a case. Any past family violence conviction makes things much more serious and can change how your case is handled.
Strangulation Allegations Frequently Lead To Felony Charges
One of the most aggressively prosecuted domestic violence offenses in Texas involves allegations of strangulation or impeding breath. In Texas, assault involving family violence becomes a third-degree felony if a person intentionally, knowingly, or recklessly impedes another person’s normal breathing or blood circulation.
Law enforcement pays close attention to these allegations because prosecutors see strangulation as a sign that violence is getting worse. Cases where someone’s throat is pressed, their mouth is covered, or their breathing is blocked are often quickly moved to felony court.
Many people don’t realize that visible injuries are not needed for these charges to move forward. Prosecutors often use witness statements, photos, medical records, body camera video, and things the accused may have said. Even small signs like redness or saying it was hard to breathe can be used as evidence for a felony charge.
Since the penalties can mean years in prison, every part of the investigation needs to be looked at closely. These cases depend a lot on the facts, and a good defense often means carefully checking for differences in statements, medical records, and police reports.
Serious Injuries And Deadly Weapons Can Increase The Severity Of The Case
Domestic violence allegations involving serious bodily injury or deadly weapons often result in aggravated assault charges. Texas Penal Code § 22.02 addresses aggravated assault and significantly increases the potential penalties a defendant faces.
Serious bodily injury refers to injuries that create a substantial risk of death, permanent disfigurement, or long-term impairment. Meanwhile, a deadly weapon is not limited to firearms or knives. Under Texas law, many everyday objects can become deadly weapons depending on how they are used during an incident.
We often tell clients that prosecutors have a lot of freedom in deciding if something counts as a deadly weapon. Cars, tools, furniture, and everyday household items have all been used as reasons for aggravated assault charges in Texas. The details of what happened usually decide if prosecutors will seek more serious charges.
If family violence and aggravated assault allegations are combined, the consequences become extremely serious. Under Texas Penal Code § 22.02(b), certain cases may rise to first-degree felonies. Texas Penal Code § 12.32 authorizes penalties ranging from five years to life in prison, along with fines of up to $10,000.
Violating Protective Orders Can Create Additional Criminal Problems
Many domestic violence cases involve emergency protective orders or conditions imposed as part of a defendant’s bond. These restrictions can limit where a person may go, who they can contact, and how they may communicate with another person.
Texas Penal Code § 25.07 criminalizes violations of certain protective orders and bond conditions. A person can face additional criminal charges for prohibited contact, entering prohibited locations, or violating other restrictions established by the court. These violations can occur even when both individuals willingly communicate with each other.
Many defendants make the mistake of believing reconciliation changes the court’s orders. It does not. Even if the alleged victim initiates contact or invites the defendant home, violating the order can still lead to criminal charges. Prosecutors frequently rely on text messages, call logs, social media activity, and surveillance footage to prove violations.
Following every court order exactly as it is written is one of the most important things you can do while your case is still open. Even small mistakes can quickly turn into much bigger legal problems.
Domestic Violence Cases Often Continue Even If The Alleged Victim Changes Their Story
Many people believe the alleged victim can simply ask prosecutors to dismiss a case. Texas law does not work that way. Once charges have been filed, the prosecutor controls whether the case continues.
We regularly see situations where an alleged victim later regrets calling the police or wants the case dismissed. Unfortunately, prosecutors may continue pursuing the charges anyway. They often rely upon evidence gathered during the initial investigation rather than current wishes expressed by the parties involved.
Evidence frequently includes 911 recordings, body camera footage, photographs, witness statements, text messages, and medical records. Prosecutors may argue that these forms of evidence are sufficient to proceed even without active cooperation from the alleged victim.
This is one reason why early intervention is so important. Hoping that the case simply disappears because emotions have settled is rarely an effective strategy. Building a defense immediately often creates better opportunities to protect your future.
Defending Against Felony Domestic Violence Charges In Texas
Every domestic violence case needs its own defense strategy because every situation is different. We start by carefully looking at all the evidence the State plans to use against our client. Police reports, witness statements, videos, text messages, medical records, and photos all need to be reviewed on their own.
Self-defense is one defense that may apply in some situations. Texas Penal Code Chapter 9 allows a person to use force under certain circumstances when they reasonably believe it is immediately necessary to protect themselves against another person’s unlawful force. However, self-defense claims require careful factual analysis and cannot be assumed.
False accusations also occur. Domestic violence allegations sometimes arise during divorces, child custody disputes, financial disagreements, or emotionally charged breakups. While every allegation deserves careful consideration, prosecutors should not simply accept every accusation without proper scrutiny.
Our job is to challenge weak evidence, point out inconsistencies, and make sure the State proves every part of its case beyond a reasonable doubt.
The Long-Term Consequences Of A Felony Domestic Violence Conviction
The effects of a felony domestic violence conviction go far beyond the courtroom. Many people think only about jail or prison time, but many parts of your life can be affected even after the case is over.
Employment opportunities may become limited because many employers conduct extensive background checks. Professional licensing boards often review violent felony convictions closely and may impose disciplinary measures. Housing applications can become more difficult, and educational opportunities may also be impacted.
Parents involved in child custody disputes may face increased scrutiny from family courts. Firearm ownership restrictions can become permanent under federal law. The stigma associated with domestic violence allegations can also affect personal relationships and future opportunities.
Because the consequences are so significant, domestic violence charges should never be viewed as cases that will simply work themselves out over time. The sooner a defense strategy begins, the more opportunities may exist to protect your future.
Frequently Asked Questions About Felony Domestic Violence Charges In Texas
Can A First Domestic Violence Charge Be A Felony In Texas?
Yes. While many first-time allegations begin as misdemeanors, certain facts can immediately elevate the offense to a felony. Allegations involving strangulation, serious bodily injury, or the use of a deadly weapon can result in felony charges even if the accused has no prior criminal history. Prosecutors evaluate the facts of every case independently before deciding how to proceed.
Can The Alleged Victim Drop The Charges?
No. The prosecutor controls whether charges remain active. Even if the alleged victim asks for dismissal, prosecutors may continue pursuing the case if they believe sufficient evidence exists. They often rely on independent evidence such as 911 calls, body camera footage, witness statements, and photographs.
What Is The Difference Between Family Violence And Domestic Violence?
The terms are often used interchangeably. Texas law officially uses the phrase family violence. The legal definition is found in Texas Family Code § 71.004 and includes conduct involving family members, household members, and certain dating relationships.
Will I Go To Prison For A Felony Domestic Violence Conviction?
Possibly. The answer depends on the severity of the charge, your criminal history, and the specific facts of the case. Third-degree felonies can carry two to ten years in prison, while first-degree felonies can carry five years to life imprisonment.
Can I Own A Firearm After A Domestic Violence Conviction?
Many domestic violence convictions trigger federal firearm restrictions. Even certain misdemeanor family violence convictions can result in a loss of firearm rights. These restrictions can be long-lasting or permanent.
Can Domestic Violence Charges Affect Child Custody?
Yes. Family courts take domestic violence allegations very seriously. Convictions can significantly affect custody decisions and parenting rights. Even pending allegations may become an issue in family court proceedings.
What Should I Do Immediately After Being Arrested?
Remain silent and ask for an attorney. Do not attempt to explain your side of the story to investigators without legal counsel present. Avoid contacting the alleged victim if protective orders or bond conditions prohibit communication.
Contact Our Galveston Domestic Violence Defense Attorney For A Free Consultation
If you are facing domestic violence charges in Galveston County or anywhere in Houston, don’t wait to protect your future. Felony charges can get more serious quickly, and prosecutors often start building their case right after an arrest.
At Mark Diaz & Associates, we aggressively defend clients accused of domestic violence offenses and work to identify weaknesses in the State’s evidence from the very beginning.
When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies don’t always happen during business hours. You won’t be passed off to a junior associate or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.
If you were arrested or if you are under investigation, call our Galveston domestic violence defense lawyer at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We represent clients in Galveston and throughout all of the city of Houston, Texas, and we are prepared to help you build a strong defense from the very beginning.
