Is Assault Family Violence a Felony in Texas? San Antonio Defense Guide
- Larry Bloomquist
- 6 days ago
- 4 min read
Disclaimer
The information in this article is intended for general educational purposes only and should not be relied upon as legal advice. Reading this content does not create an attorney-client relationship with Larry Dean Bloomquist, Attorney at Law. If you have been accused of a crime, consult with a qualified criminal defense attorney to discuss your case.
If you or someone you care about is facing an assault family violence charge, one of the first questions you’re likely asking is:
“Is this a felony?”
The answer isn’t always straightforward.
In Texas, assault family violence can be charged as either a misdemeanor or a felony, depending on the circumstances. And that distinction can have a major impact on your future.
In this guide, we’ll break down when assault family violence becomes a felony, what penalties you could face in San Antonio, and what steps you should take right now to protect yourself.
What Is Assault Family Violence in Texas?
Assault family violence refers to an alleged act of violence against someone with whom you have a close relationship, including:
A spouse or former spouse
A dating partner
A family member
A household member
Under Texas law, this can include:
Causing bodily injury
Threatening someone with harm
Making physical contact that is considered offensive or provocative
Even relatively minor physical contact can lead to serious criminal charges when a family or dating relationship is involved.
Is Assault Family Violence a Felony?
The Short Answer:
👉 It can be.
Most first-time assault family violence charges are filed as Class A misdemeanors.
However, certain factors can quickly elevate the charge to a felony.
Let’s break it down.
When Is Assault Family Violence a Misdemeanor?
A first-time offense without aggravating factors is typically charged as a:
Class A Misdemeanor
Penalties may include:
Up to 1 year in county jail
Up to $4,000 in fines
Probation
Mandatory counseling programs
Even as a misdemeanor, this is still a serious charge with long-term consequences, including a permanent criminal record and restrictions on firearm ownership.
When Does It Become a Felony?
Assault family violence can become a felony in several situations:
1. Prior Convictions (Repeat Offenses)
If you have a previous conviction for assault family violence, a new charge can be elevated to a:
👉 Third-Degree Felony
Penalties may include:
2 to 10 years in prison
Up to $10,000 in fines
Texas takes repeat allegations very seriously, and prosecutors are often aggressive in these cases.
2. Allegations of Strangulation or Choking
One of the most common ways a charge becomes a felony is through allegations of:
Strangulation
Impeding breath or blood flow
Even without visible injuries, this can be charged as a:
👉 Third-Degree Felony
These cases are treated as high-risk due to the potential for serious harm, and they are often prosecuted aggressively.
3. Use of a Weapon
If a weapon is alleged to have been used or displayed during the incident, the charge may be enhanced to a felony.
This includes:
Firearms
Knives
Any object used in a threatening manner
4. Violation of a Protective Order
If an alleged incident occurs while a protective order is already in place, the consequences can escalate quickly.
Violating a protective order can:
Lead to additional charges
Increase the severity of the existing case
Why Felony Charges Matter
The difference between a misdemeanor and a felony isn’t just about jail time—it can affect your life for years to come.
A felony conviction can impact:
Employment opportunities
Housing applications
Professional licenses
Child custody and visitation rights
Your ability to own firearms
In many cases, these consequences last long after the case is resolved.
Can a Felony Charge Be Reduced?
Yes—in some cases, felony charges can be reduced or even dismissed.
An experienced defense attorney may be able to:
Challenge the evidence
Question the credibility of witnesses
Identify inconsistencies in statements
Negotiate with prosecutors for reduced charges
Every case is different, but early legal intervention can significantly improve your chances.
What Happens After a Felony Arrest?
If you’re arrested for felony assault family violence in San Antonio, the process typically includes:
Arrest and booking
Magistrate hearing and bond setting
Protective order issuance (in many cases)
Formal charges filed by the prosecutor
Court appearances and case progression
Felony cases often move more slowly than misdemeanors, but they involve higher stakes and more complex legal strategies.
Common Defense Strategies
A strong defense depends on the details of your case, but common strategies may include:
Self-defense – Demonstrating that your actions were in response to a threat
False allegations – Challenging the validity of the accusation
Lack of evidence – Showing the prosecution cannot meet its burden of proof
Accidental contact – Arguing that no intentional harm occurred
An experienced attorney will evaluate every angle to build the strongest possible defense.
What You Should Do Right Now
If you’re facing assault family violence charges—especially a potential felony—your next steps are critical.
✔ Do:
Contact a defense attorney immediately
Follow all court orders and protective orders
Document any evidence or communication relevant to your case
❌ Don’t:
Contact the alleged victim
Discuss your case on social media
Assume the situation will resolve itself
Why Hiring a San Antonio Defense Lawyer Matters
Felony assault family violence cases are serious—and the stakes are high.
Working with an experienced attorney in San Antonio can help you:
Understand your charges and options
Avoid costly mistakes early in the case
Build a strong, strategic defense
Work toward the best possible outcome
The sooner you get legal representation, the more control you have over the direction of your case.
Talk to a San Antonio Assault Family Violence Attorney Today
If you’re asking whether your charge is a felony, it’s already time to take action.
The difference between a misdemeanor and a felony can shape your future—and you deserve a defense strategy that protects it.
Larry Bloomquist has experience defending individuals facing serious assault family violence charges and understands how to navigate the complexities of Texas law.
Schedule a Consultation
Don’t wait to get answers.
If you or someone you care about is facing charges, speaking with an experienced defense attorney can provide clarity, direction, and peace of mind during a difficult time: https://www.sacrimelaw.com/san-antonio-family-violence-lawyer
Comments