Is Domestic Violence a Felony? Texas Charging Levels Explained

• Prior conviction (§22.01(b)(2)(A)): any previous family-violence conviction — including out-of-state — makes the next bodily-injury assault a 3rd-degree felony (2–10 years).
• Choking (§22.01(b)(2)(B)): impeding normal breathing or blood circulation is an automatic 3rd-degree felony on a first offense; with a prior FV conviction it's 2nd degree (2–20 years).
• Continuous violence (§25.11): two or more family-violence assaults within 12 months = 3rd-degree felony, even if neither incident was separately prosecuted.
• Aggravated assault (§22.02): serious bodily injury or use/exhibition of a deadly weapon — 2nd degree; 1st degree (5–99 years) if committed against a family member with both SBI and a weapon.

Every level of family violence carries the affirmative finding that outlasts the sentence: a lifetime federal firearm prohibition (18 U.S.C. §922(g)(9)), ineligibility for expunction or nondisclosure — even after deferred adjudication — immigration consequences (deportable offense), loss of the joint-custody presumption in family court, and enhancement of any future allegation to a felony. Protective orders layered on top can remove you from your home and restrict contact with your children.

Defense matters at every level: self-defense, fabrication in pending divorces, inconsistent medical evidence, and suppression of statements. See also: Assault family violence charges explained. We defend these cases across the Permian Basin — confidential consultation: (432) 366-6000.