One tense moment. A slammed door. A neighbor picks up the phone. In Texas, that may be all it takes to spark a domestic violence arrest, sometimes before anyone’s had a chance to explain what actually happened. For many in this position, the fear of going to jail, losing custody, or getting fired sets in fast. And the biggest question becomes: Is domestic violence a felony in Texas?
Sometimes, but it depends on the details. Who was involved? Was someone hurt? Has it ever happened before? Below, we break down when a charge crosses into felony territory, how Texas law treats these cases, and what that could mean for your freedom, reputation, and future.
Understanding Domestic Violence Under Texas Law
Texas law doesn’t use the exact phrase “domestic violence.” Instead, it defines these actions as family violence or dating violence under the Texas Family Code. In plain terms, the law applies when someone causes or threatens physical harm to:
- A spouse or former spouse,
- Someone they live with or used to live with,
- Someone they’re dating or have dated,
- The other parent of their child, or
- Any family or household member.
While a first offense is often a misdemeanor, specific facts can push the charge into felony territory.
When Domestic Violence Becomes a Felony in Texas
So, is domestic abuse a felony?” The answer depends on factors like prior history, the type of harm involved, and the relationship between the parties. Here are the situations that can elevate a misdemeanor to a felony:
- Prior convictions. A second offense for family violence is often charged as a third-degree felony.
- Strangulation or suffocation. Intentionally restricting someone’s breathing or blood flow is automatically a felony, even for a first offense.
- Use of a weapon. Assault with a deadly weapon, even in a domestic context, can lead to second-degree or first-degree felony charges.
- Serious bodily injury. If the alleged conduct caused broken bones, disfigurement, or long-term harm, felony charges are likely.
- Violation of a protective order. Repeated violations or violating an order with violence can also trigger felony charges.
These enhancements aren’t based solely on the act but on the defendant’s past and the broader context. A thorough investigation is essential to avoid a wrongful or overly aggressive charge.
Felony Sentencing: What Is the Sentence for Domestic Violence in Texas?
Felony domestic violence cases are categorized into different levels based on their severity. Here’s what sentencing can look like:
- Third-degree felony—two to 10 years in prison and up to a $10,000 fine,
- Second-degree felony—two to 20 years in prison and a possible $10,000 fine, and
- First-degree felony—five to 99 years or life in prison and up to a $10,000 fine.
Jail time and fines aren’t the only punishments to worry about. Additional consequences can include:
- Loss of gun rights,
- Disqualification from certain careers or licenses,
- Difficulty securing housing or financial aid, and
- Permanent criminal record.
The penalties don’t end with a sentence. These consequences follow you long after your case is closed.
Felony Domestic Violence and Protective Orders
After the arrest in many felony cases, a judge may issue an emergency protective order. These orders can:
- Bar you from going home,
- Prohibit contact with the complainant, or
- Require GPS monitoring or alcohol restrictions.
Violating these orders can result in additional criminal charges, even if the original charge is still pending.
How Prosecutors Build Felony Domestic Violence Cases
Prosecutors often rely on more than just the alleged complainant’s statements. Other forms of evidence may include:
- Police bodycam footage,
- 911 and other recordings,
- Photos of injuries or damage,
- Medical records, and
- Witness testimony or surveillance footage.
Even if the alleged complainant asks to drop charges, prosecutors can proceed. These cases move quickly and often aggressively, especially when felonies are involved.
Defending Against Felony Domestic Violence Accusations
Being accused of felony domestic violence can leave you feeling like your future is unraveling. But a strong, fact-driven defense can challenge the state’s version of events and change the course of your case. Common strategies include:
- False allegations—exposing ulterior motives, such as custody battles or retaliation;
- Self-defense—showing you used force to protect yourself or another person;
- Lack of intent—arguing that the injury was accidental, not intentional or reckless; and
- Unreliable evidence—challenging hearsay, misidentification, or flawed police procedures.
These defenses depend on the facts of the case and should be pursued early by an attorney who can evaluate and present them.
Why You Need the Carmichael Defense Team
At The Carmichael Law Firm, P.C., we know how quickly these accusations can spiral. Clients come to us feeling lost, afraid of losing their freedom, job, or standing in their community. We work with people trying to protect their families, futures, and reputations, and we don’t take that responsibility lightly.
Because we maintain a limited caseload, we can give each client the time and attention their case deserves. That means direct communication, personalized legal strategy, and a legal team that sees you as more than a charge on paper.
Don’t wonder, “is domestic violence a felony?” Instead, reach out to our experienced domestic violence defense attorneys to discuss your case. Whether we’re pushing for reduced charges, working toward dismissal, or preparing for trial, our priority is securing the best possible outcome, not just legally but for your life beyond the courtroom.
You have a right to defend yourself, to be heard, and to fight for your freedom and future. The earlier you act, the stronger your position.
We’ll help you understand what’s next and build a defense that protects your future from lasting damage.
Frequently Asked Questions
Does the Alleged Complainant Have to Press Charges?
No. Once a report is made in Texas, the district attorney decides whether to prosecute. They can proceed even if the alleged complainant wants to drop the case.
Can Felony Domestic Violence Charges Be Reduced?
Charges may be reduced if the evidence is weak or if mitigating factors are present. Your attorney can work with the prosecutor to negotiate a plea or dismissal where appropriate.
Will I Lose My Gun Rights If Convicted?
Yes. Federal and Texas law prohibit individuals convicted of domestic violence felonies from possessing firearms.
Can I Seal or Expunge a Felony Domestic Violence Charge?
Convictions are difficult to seal or expunge in Texas, especially for violent offenses. However, dismissed charges may qualify. It depends on the outcome and your record.
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