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Texas Domestic Violence Law

Texas Domestic Violence Defense

What you're facing under Tex. Penal Code § 22.01(b)(2), how the penalties scale, and the questions your attorney needs to answer, specific to Texas (TX) domestic violence law.

Offense Class

Class A Misdemeanor (first); Third Degree Felony (prior conviction or strangulation)

Maximum Penalty

1 year (first); 10 years (with prior or strangulation)

Maximum Fine

$4,000 (first); $10,000 (enhanced)

Federal Firearms Prohibition (Lautenberg Amendment)

A conviction for misdemeanor domestic violence in Texas carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to Texas state penalties and applies regardless of the state sentence imposed.

Penalty Range in Texas

StatuteTex. Penal Code § 22.01(b)(2) — Assault — Family Violence
Minimum Penalty
Maximum Penalty1 year (first); 10 years (with prior or strangulation)
Maximum Fine$4,000 (first); $10,000 (enhanced)

Charge Enhancements

These factors can elevate the charge or penalty in Texas:

  • Prior family violence conviction (Third Degree Felony)
  • Strangulation or suffocation (Third Degree Felony)
  • Violation of protective order

Texas-Specific Detail

First offense family violence assault is a Class A Misdemeanor. Second offense or strangulation is a Third Degree Felony. Triggers protective order eligibility and federal firearms prohibition.

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26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Texas defendants.

Important: This page provides legal INFORMATION about Texas domestic violence law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.