In Texas, family violence (also called domestic violence) is a serious crime. If you are charged with a family violence offense, it is important to understand the potential penalties and consequences associated with such charges. This blog post seeks to provide an overview of the penalties for family violence charges in Texas so that those charged can make informed decisions about their case after being charged with family violence.
Penalties for Family Violence Charges in Texas
The type of penalty imposed will depend on the severity of the charge and any aggravating factors present. Generally speaking, family violence is classified as either a misdemeanor or felony in Texas. Misdemeanors carry less severe punishments than felonies, but both can still result in significant consequences.
Misdemeanor Penalties for Family Violence Charges
In Texas, misdemeanors are classified into three categories—Class A, B, and C—with Class A being the most severe. For both Class A and B misdemeanors, the maximum penalty includes up to one year in jail and/or a fine of up to $4,000. For Class C misdemeanors, the maximum penalty includes up to 180 days in jail and/or a fine of up to $2,000. Misdemeanor convictions may also include other penalties such as mandatory counseling or community service hours.
Felony Penalties for Family Violence Charges
In Texas, felonies are classified into five categories—capital felonies (which carry the death penalty), first-degree felonies (which carry 5-99 years in prison), second-degree felonies (which carry 2-20 years in prison), third-degree felonies (which carry 2-10 years in prison), and state jail felonies (which carry 180 days-2 years in state jail). Felony convictions may also include other penalties such as restitution payments or probation requirements.
The Specific Types of Family Violence Charges
In Texas, there are three specific types of family violence charges. These include
- Assault Family Violence
- Aggravated Assault Family Violence
- Continuous Violence Against the Family
Assault Family Violence
Assault family violence or domestic violence is not a specific statute in the Texas penal code. It is the same as an assault charge but on a member of your household. You can be charged with this crime if you inflict bodily injury, threaten a victim to inflict bodily injury, or cause physical contact that you reasonably know would be regarded as provocative or offensive. If it is your first conviction of assault family violence, you will likely face a Class A misdemeanor, which is punishable by up to 1 year in jail and a fine of $4,000.
If you have prior convictions for assault family violence, this crime can be elevated to a third-degree felony. In that case, the potential penalties would include up to 10 years in prison and a maximum fine of $10,000.
Aggravated Assault Family Violence
Aggravated assault family violence is similar to the assault charge above but can be elevated if
- the defendant inflicts serious bodily injury such as disfigurement or broken bones
- uses or exhibits a deadly weapon
In Texas, this charge is a second degree felony which can carry up to 20 years in prison and up to $10,000 in fines.
Continuous Violence Against the Family
Texas Penal Code § 25.11 is a specific statute outlining continuous violence against the family. If you commit at least two assaults against a member of your family or household within a 12 month period, you may be charged with this crime.
The continuous violence against the family charges apply even if your past charges for domestic violence did not lead to a conviction. Additionally, the two assaults within a 12-month period do not necessarily have to be committed against the same person in your household.
Continuous violence against the family is a third-degree felony, which means you can be sentenced to up to a year in jail and ordered to pay a maximum fine of $4,000.
Hire a Plano Attorney for Family Violence Charges
Family violence charges are serious matters that should not be taken lightly. If you have been charged with family violence in Texas, and you’re not able to use self-defense as a defense for family violence, it is important that you understand all your rights as well as all potential penalties associated with your charge. Knowing what to expect can help you make informed decisions about your case so that you can achieve the best possible outcome given your circumstances. It is always recommended that you speak with an experienced criminal defense attorney if you have been charged with family violence so that they can review your case and advise on how best to proceed towards achieving justice. Contact The Fox Firm for a consultation today!