When Misdemeanor Becomes Felony: Assault Family Violence, Felony Charges in Austin, Texas

A family argument. Heated words. A push, a shove, a moment of physical contact. What might have been a misdemeanor becomes a felony—with consequences that can last a lifetime. In Texas, assault family violence charges can be elevated to felonies based on prior convictions, the severity of the injury, or the presence of certain aggravating factors. A felony conviction means years in prison, loss of firearm rights, deportation for non-citizens, and a permanent criminal record that affects employment, housing, and child custody.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against felony assault family violence charges. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to criminal defense. We understand that these charges often arise from misunderstandings, false allegations, or self-defense situations—and that an aggressive defense can prevent a family dispute from becoming a life-altering felony conviction.

Whether you are facing a charge of aggravated assault family violence, continuous family violence, or assault family violence with a prior conviction, we provide the strategic guidance and aggressive representation you need to protect your freedom and your future.

Understanding Felony Assault Family Violence in Texas

Assault family violence is generally a Class A misdemeanor. However, certain factors elevate the charge to a felony—with significantly harsher penalties.

What Is Assault Family Violence?

Assault family violence occurs when a person intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or dating partner, or threatens them with imminent bodily injury.

When Assault Family Violence Becomes a Felony:

• Third-Degree Felony: Assault family violence is a third-degree felony if the person has a prior conviction for family violence, or if the assault is committed against a person 65 years or older or a pregnant person.

• Second-Degree Felony: Assault family violence is a second-degree felony if the person causes serious bodily injury, or if the person has two prior family violence convictions.

• First-Degree Felony: Continuous family violence is a third-degree felony, but can be enhanced based on the number of prior convictions.

Types of Felony Assault Family Violence:

• Assault Family Violence with Prior Conviction: A third-degree felony if the defendant has a prior conviction for family violence.

• Aggravated Assault Family Violence: A second-degree felony if the defendant causes serious bodily injury or uses a deadly weapon.

• Continuous Family Violence: A third-degree felony if the defendant commits two or more acts of family violence within 12 months.

• Assault on Elderly or Pregnant Person: A third-degree felony regardless of prior convictions.

For families in Austin, a felony assault family violence charge is one of the most serious domestic violence allegations you can face.

What Is the Penalty for Felony Assault Family Violence in Texas?

Felony assault family violence carries severe penalties that increase with the level of the offense.

Third-Degree Felony:

• Prison: 2 to 10 years

• Fine: Up to $10,000

• Examples: Assault family violence with a prior conviction; assault on elderly or pregnant person; continuous family violence

Second-Degree Felony:

• Prison: 2 to 20 years

• Fine: Up to $10,000

• Examples: Aggravated assault family violence (serious bodily injury or deadly weapon); assault family violence with two prior convictions

First-Degree Felony:

• Prison: 5 to 99 years or life

• Fine: Up to $10,000

• Examples: Aggravated assault family violence with additional enhancements

Collateral Consequences:

• Firearm Prohibition: Federal law prohibits anyone convicted of domestic violence from owning or possessing firearms. This is a lifetime prohibition.

• Immigration Consequences: Non-citizens face mandatory deportation for aggravated felony convictions.

• Child Custody: Texas law creates a presumption that a parent who has committed family violence should not have sole or joint custody.

• Professional Licensing: Licensing boards may suspend or revoke licenses based on a felony conviction.

• Employment: Many employers will not hire individuals with felony convictions.

For families in Austin, a felony assault family violence conviction can devastate your life.

What Is Continuous Family Violence in Texas?

Continuous family violence is a third-degree felony that occurs when a person commits two or more acts of family violence within a 12-month period.

The Statute:

Texas Penal Code Section 25.11 provides that a person commits continuous family violence if, during a period of 12 months or less, they engage in two or more acts of family violence.

What Constitutes Family Violence:

• Assault causing bodily injury

• Threatening imminent bodily injury

• Physical contact that is offensive or provocative

• Any act that is part of a pattern of family violence

The Penalty:

Continuous family violence is a third-degree felony, punishable by 2 to 10 years in prison.

Key Considerations:

• The acts do not need to be identical or similar

• The acts do not need to involve the same victim

• The State must prove at least two acts occurred within 12 months

Defending Continuous Family Violence:

• Challenge each alleged act individually

• Argue that the acts do not meet the definition of family violence

• Argue that the acts occurred outside the 12-month window

• Present evidence of self-defense or false allegations

For families in Austin, continuous family violence is a serious charge that requires a comprehensive defense.

How to Defend a Felony Assault Family Violence Charge

Defending against a felony assault family violence charge requires a strategic approach. The State must prove each element beyond a reasonable doubt.

Defense 1: Self-Defense

If you were protecting yourself from imminent harm, self-defense is a complete defense. You must show:

• You reasonably believed you were in imminent danger of harm

• The force you used was reasonable and proportional

• You did not provoke the confrontation

Defense 2: False Allegations

Family violence charges often arise in the context of contentious divorces, custody disputes, or retaliatory claims. Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie (custody disputes, financial gain, jealousy)

• Witnesses who contradict the accuser’s story

• The absence of physical evidence (no injuries, no medical treatment)

Defense 3: Lack of Bodily Injury

For assault causing bodily injury, the State must prove bodily injury occurred. If there is no evidence of injury—no bruises, no medical treatment, no pain—the State may not be able to prove its case.

Defense 4: No Assault Occurred

If the alleged conduct does not meet the definition of assault, you may have a defense. For example:

• The contact was accidental

• The contact was not offensive or provocative

• There was no threat of imminent bodily injury

Defense 5: Challenge Prior Convictions

If the charge is based on a prior family violence conviction, challenge the validity of the prior conviction:

• Was the prior conviction properly obtained?

• Was the prior conviction for family violence?

• Did you have counsel in the prior case?

Defense 6: Challenging the Evidence

Your attorney can challenge:

• The credibility of the accuser

• The reliability of witness testimony

• The absence of physical evidence

• Police reports that contain errors or assumptions

• Medical records that do not support the alleged injuries

For families in Austin, a strong defense can mean the difference between a felony conviction and a dismissal.

The Role of Prior Convictions in Felony Charges

A prior family violence conviction can elevate a misdemeanor assault to a third-degree felony. Understanding how prior convictions affect your case is critical.

How Prior Convictions Are Used:

• Enhancement: A prior family violence conviction enhances a new assault to a felony

• Proof of Prior: The State must prove the prior conviction beyond a reasonable doubt

• Timing: The prior conviction must be final before the current offense

Challenging Prior Convictions:

• Was the prior conviction for family violence?

• Was the prior conviction properly obtained?

• Did you have counsel in the prior case?

• Did you waive your rights knowingly and voluntarily?

Collateral Estoppel:

In some cases, you may be able to challenge the use of a prior conviction if it was improperly obtained.

For families in Austin, challenging prior convictions can be the key to reducing a felony charge to a misdemeanor.

Aggravated Assault Family Violence

Aggravated assault family violence is a second-degree felony that occurs when the defendant causes serious bodily injury or uses or exhibits a deadly weapon.

What Is Serious Bodily Injury?

• Injury that creates a substantial risk of death

• Injury that causes serious permanent disfigurement

• Injury that causes protracted loss or impairment of any bodily member or organ

What Is a Deadly Weapon?

• A firearm

• Any object that in the manner of its use is capable of causing death or serious bodily injury

The Penalty:

Aggravated assault family violence is a second-degree felony, punishable by 2 to 20 years in prison.

Defending Aggravated Assault:

• Challenge whether the injury meets the definition of serious bodily injury

• Challenge whether the object used qualifies as a deadly weapon

• Present evidence of self-defense

• Challenge the credibility of witnesses

For families in Austin, aggravated assault family violence is one of the most serious charges you can face.

Protective Orders and Family Violence Cases

If you are charged with felony assault family violence, the court will almost certainly issue a protective order restricting your contact with the alleged victim.

What a Protective Order Does:

• Prohibits contact with the protected person

• May exclude you from your home

• May give the protected person temporary custody of children

• Prohibits possession of firearms

Violation of a Protective Order:

Violation of a protective order is a separate criminal offense. Even a text message or chance encounter can result in new charges.

Protecting Your Rights:

• Challenge the Protective Order: You have the right to a hearing to challenge the order

• Seek Modification: If the order is overly broad, seek modification

• Comply Strictly: While the order is in effect, comply strictly to avoid additional charges

For families in Austin, a protective order can disrupt your life—but it can be challenged.

Frequently Asked Questions About Felony Assault Family Violence in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about felony assault family violence charges. Here are the answers to the most common inquiries we receive.

What is the difference between misdemeanor and felony assault family violence?

Misdemeanor assault family violence is a Class A misdemeanor punishable by up to one year in jail. Felony assault family violence is punishable by 2 to 20 years or more in prison. Prior convictions, serious injury, or use of a weapon can elevate the charge to a felony.

Can I get probation for felony assault family violence?

In some cases, yes. First-time offenders may be eligible for probation or deferred adjudication. However, for certain offenses—such as aggravated assault with a deadly weapon—probation may be more difficult to obtain.

What is continuous family violence?

Continuous family violence is a third-degree felony that occurs when a person commits two or more acts of family violence within a 12-month period.

How does a prior family violence conviction affect my case?

A prior family violence conviction can elevate a new assault charge to a third-degree felony. It is essential to challenge the validity of the prior conviction.

Can this charge be expunged?

No. Felony convictions cannot be expunged. However, if the case is dismissed or you are acquitted, you may be eligible for expungement. Deferred adjudication may be eligible for nondisclosure.

How does a felony conviction affect child custody?

Texas law creates a presumption that a parent who has committed family violence should not have sole or joint custody. A felony conviction for family violence can significantly affect custody and visitation.

Do I need an attorney for a felony assault family violence charge?

Yes. This is a felony charge with serious consequences, including years in prison. You need an experienced attorney who can challenge the evidence, challenge prior convictions, and protect your rights.

Why Barton & Associates for Felony Assault Family Violence Defense in Austin

Felony assault family violence charges require attorneys who understand the complex interplay of domestic violence law, prior convictions, and felony defense. The attorneys at Barton & Associates bring decades of experience to this area of criminal defense, helping clients avoid prison and protect their futures.

We are deeply rooted in the Austin legal community. We have handled felony assault family violence cases in Travis County courts for decades and understand the local prosecutors, the judges, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your Freedom

If you are facing a felony assault family violence charge, your freedom and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of avoiding a felony conviction and protecting your rights. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)