When Violence and Weapons Collide: Domestic Violence Weapon Offenses in Austin, Texas

A domestic dispute. Raised voices. A moment of anger. Then, a weapon enters the picture—real or alleged. Suddenly, what might have been a misdemeanor becomes a felony. What might have been a temporary disruption becomes a life-altering conviction. In Texas, domestic violence offenses involving weapons carry enhanced penalties, mandatory prison time, and consequences that extend far beyond the courtroom. A single allegation can cost you your freedom, your firearm rights, your parental rights, and your future.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against domestic violence weapon offenses. 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 domestic violence cases involving weapons are among the most aggressively prosecuted cases in the system—and that a skilled defense can challenge false allegations, expose weaknesses in the State’s case, and protect your rights.

Whether you are facing charges of aggravated assault family violence, deadly conduct, or prohibited possession based on a domestic violence conviction, we provide the strategic guidance and aggressive representation you need to protect your freedom.

Understanding Domestic Violence Weapon Offenses

When a weapon is involved in a domestic violence incident, the charges escalate dramatically. What might be a misdemeanor assault becomes a felony. The presence of a weapon changes everything.

Common Domestic Violence Weapon Offenses:

• Aggravated Assault Family Violence: Assault family violence that involves the use or exhibition of a deadly weapon. This is a second-degree felony, punishable by 2 to 20 years in prison.

• Deadly Conduct: Recklessly engaging in conduct that places another in imminent danger of serious bodily injury, including discharging a firearm. This can be a Class A misdemeanor or a third-degree felony.

• Unlawful Possession of a Firearm by a Person Subject to a Protective Order: Possessing a firearm while subject to a protective order. This is a third-degree felony, punishable by 2 to 10 years in prison.

• Prohibited Possession by a Person Convicted of Family Violence: A conviction for assault family violence results in a lifetime prohibition on possessing firearms. Possession is a third-degree felony.

• Continuous Family Violence with a Weapon: Two or more acts of family violence within 12 months, where a weapon was involved. This is a third-degree felony, but can be enhanced.

For families in Austin, a domestic violence weapon offense can mean years in prison and a lifetime loss of firearm rights.

What Is Aggravated Assault Family Violence in Texas?

Aggravated assault family violence occurs when a person commits assault family violence and causes serious bodily injury or uses or exhibits a deadly weapon.

The Elements:

• Assault family violence (causing bodily injury or threatening imminent bodily injury)

• AND

• Serious bodily injury OR use or exhibition of a deadly weapon

The Penalty:

Aggravated assault family violence is a second-degree felony, punishable by:

• 2 to 20 years in prison

• A fine of up to $10,000

What Is a Deadly Weapon?

A deadly weapon is anything that in the manner of its use is capable of causing death or serious bodily injury. This includes:

• Firearms (deadly weapon per se)

• Knives

• Vehicles

• Any object used in a dangerous manner

What Is Serious Bodily Injury?

Serious bodily injury is injury that:

• Creates a substantial risk of death

• Causes serious permanent disfigurement

• Causes protracted loss or impairment of any bodily member or organ

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

How to Defend a Domestic Violence Weapon Charge

Defending against a domestic violence weapon charge requires a strategic approach. The stakes are high, and the State’s case often relies heavily on the word of the accuser.

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

In domestic violence cases, the alleged victim may have been the aggressor. Your attorney can present evidence that you acted in self-defense.

Defense 2: False Allegations

Domestic violence weapon allegations often arise in the context of:

• Contentious divorces and custody disputes

• Retaliation for ending a relationship

• Mental health issues of the accuser

• Miscommunication or misunderstanding

Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie (custody, financial gain, revenge)

• Witnesses who contradict the accuser’s story

• The absence of physical evidence

• Prior false allegations by the same accuser

Defense 3: No Deadly Weapon

If you are charged with aggravated assault, the State must prove a deadly weapon was used or exhibited. Your attorney can argue:

• The object was not a deadly weapon

• The object was not used in a deadly manner

• The weapon was not actually present

Defense 4: No Serious Bodily Injury

If you are charged with aggravated assault based on serious bodily injury, the State must prove the injury meets the legal definition. Your attorney can challenge whether the injury rises to that level.

Defense 5: Unlawful Search

If the weapon was discovered through an illegal search, your attorney can file a motion to suppress. Without the weapon, the State’s case may be significantly weakened.

Defense 6: Challenging the Protective Order

If you are charged with possessing a firearm while subject to a protective order, your attorney can challenge the validity of the underlying order.

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

The Protective Order Trap

If you are charged with domestic violence, the court will almost certainly issue a protective order. That order prohibits you from possessing firearms for its duration. Possessing a firearm while subject to a protective order is a separate felony.

How It Works:

• The protective order is issued (often without a hearing)

• You are prohibited from possessing firearms

• If you have firearms, you must surrender them or transfer them

• Any possession—even a firearm you owned before the order—is a new crime

The Trap:

Many people subject to protective orders do not realize they are prohibited from possessing firearms. They keep a gun in their home for protection. They carry a gun in their vehicle. They are then charged with a new felony—unlawful possession of a firearm by a person subject to a protective order.

Defending the Trap:

• Challenge the Protective Order: If the order was improperly issued, you can seek to have it set aside

• No Knowledge: If you did not know about the order, you may have a defense

• The Order Expired: If the order expired before the alleged possession, you have a defense

For families in Austin, the protective order trap has sent many people to prison.

Firearm Rights After a Domestic Violence Conviction

A conviction for domestic violence—even a misdemeanor—has lifelong consequences for your Second Amendment rights.

State Law:

Under Texas law, a conviction for assault family violence results in a lifetime prohibition on possessing firearms. There is no waiting period. There is no restoration.

Federal Law:

Under federal law, any person convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms for life. The prohibition applies even if the conviction was for a misdemeanor.

The Consequences:

• You can never legally possess a firearm again

• Possession is a third-degree felony under state law and a federal felony

• There is no pardon or restoration under federal law

Protecting Your Rights:

• Avoid a Conviction: The best way to protect your firearm rights is to avoid a domestic violence conviction altogether

• Seek Deferred Adjudication: Deferred adjudication is not a conviction and may not trigger the federal prohibition

• Challenge the Underlying Charge: If the domestic violence charge is dismissed or reduced, you may preserve your rights

For families in Austin, a domestic violence conviction means a lifetime loss of Second Amendment rights.

Deadly Conduct: When a Weapon Is Discharged

Deadly conduct charges often arise when a weapon is discharged during a domestic dispute. Even if no one is injured, discharging a firearm can result in felony charges.

The Statute:

Under Texas Penal Code Section 22.05, a person commits deadly conduct if they recklessly engage in conduct that places another in imminent danger of serious bodily injury.

The Penalty:

• Class A Misdemeanor: Recklessly discharging a firearm in a public place

• Third-Degree Felony: Discharging a firearm at or in the direction of a habitation, building, or vehicle

Defending Deadly Conduct:

• No Recklessness: You did not act recklessly

• No Danger: No one was placed in imminent danger

• Accidental Discharge: The firearm discharged accidentally

• Self-Defense: You were defending yourself

For families in Austin, deadly conduct charges can result in years in prison.

Continuous Family Violence with a Weapon

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. When a weapon is involved, the penalties are even more severe.

The Statute:

Under Texas Penal Code Section 25.11, continuous family violence is a third-degree felony, punishable by 2 to 10 years in prison.

The Enhancement:

If a weapon was involved in one or more of the acts, the charge can be enhanced. A deadly weapon finding can add years to the sentence.

Defending Continuous Family Violence:

• Challenge the Individual Acts: If the State cannot prove the underlying acts, the continuous charge fails

• Challenge the Timeframe: Did the acts occur within a 12-month period?

• Challenge the Weapon Allegation: Was a weapon actually involved?

For families in Austin, continuous family violence with a weapon can result in a lengthy prison sentence.

Frequently Asked Questions About Domestic Violence Weapon Offenses 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 domestic violence weapon offenses. Here are the answers to the most common inquiries we receive.

What is aggravated assault family violence?

Aggravated assault family violence is assault family violence that involves serious bodily injury or the use or exhibition of a deadly weapon. It is a second-degree felony.

Can I lose my gun rights for a domestic violence misdemeanor?

Yes. A conviction for assault family violence—even a misdemeanor—results in a lifetime prohibition on possessing firearms under both state and federal law.

What is the penalty for possessing a firearm while subject to a protective order?

Possessing a firearm while subject to a protective order is a third-degree felony, punishable by 2 to 10 years in prison.

What is deadly conduct?

Deadly conduct is recklessly engaging in conduct that places another in imminent danger of serious bodily injury. Discharging a firearm can be deadly conduct.

Can I get my gun rights back after a domestic violence conviction?

Under federal law, no. A conviction for domestic violence results in a lifetime prohibition. Under state law, a pardon may restore rights, but federal law still applies.

What is the 5-year rule for felons?

For felons, Texas law provides a defense for possessing a firearm at home after five years. This defense does not apply to domestic violence convictions.

Do I need an attorney for a domestic violence weapon charge?

Yes. Domestic violence weapon charges carry severe penalties, including years in prison and lifetime loss of firearm rights. An experienced attorney can challenge the allegations and protect your rights.

Why Barton & Associates for Domestic Violence Weapon Offenses in Austin

Domestic violence weapon offenses require attorneys who understand the unique dynamics of domestic cases, the severe collateral consequences, and the strategies for challenging allegations. The attorneys at Barton & Associates bring decades of experience to this area of criminal defense, helping clients protect their freedom and their Second Amendment rights.

We are deeply rooted in the Austin legal community. We have handled domestic violence weapon 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 domestic violence weapon charge, your freedom and your Second Amendment rights are on the line. A conviction can mean years in prison and a lifetime loss of firearm rights. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. 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: Weapon Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)