Assault Family Violence

If it is your first conviction for domestic assault, you will face a Class A misdemeanor, punishable by a maximum sentence of one year in jail and a fine of up to $4,000. Domestic assault typically involves acts of violence against a family or household member, such as a spouse, romantic partner, sibling, or roommate.

Assault family violence charges can be elevated to felony level under specific circumstances:

1. 1. Aggravated Domestic Assault: When an assault involves serious bodily injury or the use/exhibition of a deadly weapon, it becomes a second-degree felony. If convicted, offenders may face imprisonment for up to 20 years and a maximum fine of $10,000.
   2. Continuous Violence Against the Family: Committing at least two domestic assaults against a family or household member within a 12-month period constitutes continuous violence against the family. This offense is a third-degree felony, carrying a potential prison sentence of up to 10 years and a maximum fine of $10,000.

It is essential to note that a family violence conviction in Texas is not eligible for expungement, meaning the conviction will remain on your criminal record indefinitely, even after completing your sentence.

Domestic violence charges can arise even when violence is committed against a person other than a spouse or romantic partner. For instance, assaulting a roommate after a verbal dispute can be classified as domestic violence because the roommate is a member of the same household.

Aggravated domestic violence occurs when an assault involves serious bodily injury or the use/exhibition of a deadly weapon. This offense carries more severe penalties than simple domestic violence and is treated as a higher-degree felony.

Continuous violence against the family refers to the commission of at least two domestic assaults against family or household members within a 12-month period. These assaults can be committed against different individuals and may include past charges that did not result in conviction.