Cofer Luster Criminal Defense Lawyers | March 8, 2025 | Domestic Violence

What is Felony Domestic Violence in Texas?

Domestic violence charges in Texas, generally referred to as family violence, are taken extremely seriously. When those charges become felonies, the stakes are even higher for defendants. A felony conviction can lead to lengthy prison sentences, serious fines, and a criminal record that follows you for the rest of your life. 

Beyond the legal penalties, these charges can also impact your personal and professional relationships, making it harder to find stable housing, keep your job, or even be around certain family members. Understanding the laws and potential consequences surrounding felony domestic violence in Texas is crucial, especially if you or someone you know is facing these allegations.

What is Domestic Violence in Texas?

In Texas, domestic violence is referred to as family violence in most cases. It refers to any act by someone in the same family or household intended to cause physical harm, injury, assault, or sexual assault or that creates a reasonable fear of immediate harm or assault. 

This often includes spouses, siblings, roommates, parents, children, or dating partners. In most instances, these cases are treated as misdemeanors. However, in some cases, prosecutors can raise the charge to a felony level. This shift can lead to significantly stricter penalties and longer-lasting repercussions.

Felony Domestic Violence Charges in Texas

In Texas, there are a few different ways a person can be charged with a felony as it relates to domestic violence charges. 

Aggravated Domestic Violence

Aggravated domestic violence in Texas involves severe forms of harm or the use of a deadly weapon against a family member or someone you share a household with. Serious bodily injury can include major head trauma, lost limbs, fractures, or other harm needing hospitalization or surgery. A deadly weapon, under Texas law, is any object that can cause serious injury or death based on how it’s used.

When this occurs, it results in serious felony charges. Aggravated assault against a family member is generally considered a second-degree felony. That means you could face two to 20 years in prison and a fine of up to $10,000. 

However, if a deadly weapon was used and someone suffered serious bodily harm, the charge can be elevated to a first-degree felony. That carries a possible sentence of five to 99 years behind bars, plus a fine that can also reach $10,000.

Continuous Violence Against the Family 

Under Texas law, a person may face charges for Continuous Violence Against the Family if they commit two acts of domestic assault within a 12-month period, whether or not those incidents led to arrest or conviction. These assaults do not have to involve the same individual, which broadens the scope of this charge. Classified as a third-degree felony, this offense can result in two to 20 years behind bars and a fine that can reach $10,000.

Other Consequences of a Domestic Violence Conviction in Texas

A domestic violence conviction in Texas can reach far beyond jail time or fines. You could lose the right to own firearms, even for misdemeanor offenses. The conviction may affect child custody arrangements, with courts often restricting or supervising visitation. 

On top of that, a criminal record can make it tougher to find a job since many employers run background checks, and it may limit your housing options for the same reason. These potential outcomes show why taking domestic violence charges seriously and seeking legal advice early on is absolutely critical.

Facing felony domestic violence charges can be overwhelming, but there are potential defenses that may reduce the charges or lead to an acquittal. Below are some common strategies and how they might apply in court.

Self-Defense 

If you were protecting yourself or someone else from harm, you may have a valid claim of self-defense. This requires showing that you believed you were in immediate danger and used a reasonable amount of force to defend yourself. Evidence like witness testimony, medical records, and photographs of injuries can all support this defense.

Accidental Injury 

Sometimes, injuries happen by mistake rather than through intentional harm. Demonstrating that the incident was an accident and you didn’t intend or anticipate harm could weaken the prosecution’s case.

False Allegations 

In some criminal cases, domestic violence complaints arise as a result of miscommunication or false claims made out of anger or revenge. Proving you were not present or showing that you had no involvement in any altercation can be crucial. Credible witness testimony, phone records, or surveillance footage can help establish your innocence.

Lack of Evidence 

The prosecution must prove your guilt beyond a reasonable doubt, which can be difficult if witnesses are unreliable or inconsistent with their accounts. Demonstrating gaps in the state’s evidence, such as conflicting testimony or missing records, can cast doubt on whether you committed the acts in question. This may lead a jury or judge to lean toward acquittal or lesser charges.

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