Penalties for Assault of a Family Member: Misdemeanor, Felony & Enhancements

Being accused of assault of a family member in Texas carries consequences far beyond what many defendants expect. What might start as a misdemeanor can quickly escalate into a felony—with penalties that include years in prison, permanent firearm bans, and lifelong stigma.

Understanding the difference between misdemeanors, felonies, and recent legislative enhancements is critical to protecting your future.

Family Violence Misdemeanor vs. Felony

Class A Misdemeanor Family Violence

For many first-time offenders, assault of a family member is charged as a Class A misdemeanor. Penalties include:

• Up to 1 year in county jail
• A fine of up to $4,000
• Community supervision (probation) instead of jail in some cases

Even at the misdemeanor level, Texas law requires a “family violence finding” on your record, which can never be removed and permanently restricts your right to own firearms.

Felony Family Violence

Family violence charges are elevated to a felony when certain aggravating factors are present, including:

• A prior conviction for assault of a family member (even if it was a misdemeanor)
• Allegations of impeding breathing or circulation (strangulation or suffocation)
• Use of a deadly weapon
• Serious bodily injury to the alleged victim
  

Conviction can mean 2 to 10 years in prison for a third-degree felony—or up to 99 years if the charge escalates to aggravated assault with a deadly weapon.

HB 1589: Strangulation and Suffocation Enhancements

Recent legislation—House Bill 1589—expanded penalties for assault involving strangulation or suffocation. Prosecutors now have even more power to charge defendants with felonies, even when there is no visible injury.

Why does this matter? Because many family violence cases involve conflicting testimony and little physical evidence. A single allegation of “I couldn’t breathe” may be enough for prosecutors to pursue a felony indictment.

The Consequences Beyond Jail

Whether misdemeanor or felony, a family violence conviction has life-changing effects:

• Firearm bans under Texas and federal law (18 U.S.C. § 922(g)(9))
• Protective orders that may force you out of your home
• Employment barriers, especially in healthcare, education, or government jobs
• Family court disadvantages, including custody battles and divorce proceedings
• Immigration consequences for non-citizens
  

These consequences are why prosecutors often refuse to dismiss family violence cases—and why defendants need aggressive legal representation.

Why You Need a Lawyer Now

The difference between a misdemeanor and a felony can come down to how the State frames the case. An experienced family assault lawyer near you can:

• Challenge weak or inconsistent evidence of strangulation or suffocation
• Argue against enhancement based on prior convictions
• Negotiate for dismissal, deferred adjudication, or reduced charges
• Prepare to fight aggressively at trial if necessary

Take Action Before It’s Too Late

The penalties for assault of a family member are severe—and they only get worse if you wait. If you’ve been charged in Harris, Galveston, Fort Bend, or Brazoria County, don’t gamble with your freedom.

Call Walker Law Office today at (713) 228-2611 or contact us online. An experienced family assault lawyer near you can begin building your defense immediately.

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