Cody Cofer | November 26, 2024 | Domestic Violence

Is Domestic Violence a Felony in Texas?

Domestic violence is defined as an act of family violence by one person against another in their family or household. For anyone involved in this type of case in Texas, it’s crucial to know that the charges can vary greatly. Domestic violence may be prosecuted as either a misdemeanor or felony depending on several factors, including the severity of the act, whether there is a history of similar offenses, and ultimately, under which specific laws the acts are charged.

Penalties

Penalties for domestic violence in Texas can range from misdemeanor punishments, such as fines and up to one year in jail, to felony consequences, including significant prison time and steep fines. The severity of the penalties depends on factors like the nature and extent of the violence, whether a weapon was used, and if the accused has prior convictions. 

Domestic Violence or Assault

In Texas, domestic assault typically refers to violence against a member of the family or household. If you find yourself facing a charge for domestic violence and it’s your first time being accused of such an offense, you will probably face Class A misdemeanor charges. This carries up to one year in jail and fines of up to $4,000. 

Repeat offenses are taken more seriously. If you have prior domestic assault convictions, the charges could escalate to a third-degree felony. In this case, you face up to 10 years in prison and fines reaching $10,000.

Aggravated Domestic Violence or Assault

In some instances, a domestic violence assault can be elevated to aggravated assault in Texas. This upgrade happens if the incident results in serious bodily harm, like broken bones or disfigurement. Additionally, if the defendant uses or threatens to use a deadly weapon–like a knife or a firearm–it can lead to aggravated domestic assault charges. 

In these cases, defendants face a second-degree felony. If found guilty, the potential consequences include up to 20 years in prison and fines of up to $10,000.

Continuous Domestic Violence

Texas law includes a statute that addresses ongoing violence within the family or household. If someone is accused of assaulting a family member or someone they live with twice over the span of 12 months, it can lead to charges under this continuous violence statute. Typically, these offenses will be classified as third-degree felonies in Texas. Defendants face up to 10 years in prison and fines of $10,000.

Domestic violence in Texas ultimately covers a range of different scenarios, with specific charges depending on the circumstances. 

When facing domestic violence charges, a strong defense strategy is necessary. There are several legal defenses that may be used depending on the specifics of the case, including the following: 

Self-Defense 

One of the most common defenses in domestic violence cases is self-defense. If you can demonstrate that you used reasonable force to protect yourself from imminent harm, this can undermine the prosecution’s case. The key here is proving that your response was necessary and proportional to the threat posed.

False Allegations 

In some situations, charges of domestic violence may arise due to false allegations. This defense centers on providing evidence or testimony showing that the claims made against you are untrue. Such accusations might stem from misunderstandings or even malicious intent by an accuser with ulterior motives. Explaining to the court what the motive is can help prove your innocence. 

Lack of Evidence 

Another viable defense involves challenging the sufficiency of evidence presented by prosecutors. If there simply isn’t convincing proof – like insufficient documentation of injuries, lack of eyewitnesses documenting an attack, or conflicting statements – the charges against you could potentially be dismissed, or you could be acquitted.

In cases where both parties engaged in an altercation but one party later decides they want to press charges due to regret–or for any other reason–it might be possible to argue consent. This can be difficult to prove, but eyewitness testimony, text messages, and emails can help in some cases.

Contact a Criminal Defense Attorney For Help

Each of these defenses can lead to dismissal/reduction of charges or an acquittal when used appropriately. The best way to determine how to defend yourself in these situations is to reach out to a criminal defense lawyer as soon as possible. Contact Cofer Luster Criminal Defense Lawyers today to schedule a free consultation with an experienced Texas domestic violence lawyer.

For more information, please contact the domestic violence law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102