A third family violence assault in Texas is charged as a third-degree felony carrying 2 to 10 years in prison and a fine up to $10,000, and the sentence can climb well past that. Texas assault law does not have a separate “third offense” tier. Instead, a single prior family violence conviction already elevates the charge to a felony, and your earlier felony convictions then enhance the punishment range on top of that. By the third incident, if the third incident involves strangulation, a deadly weapon, or serious bodily injury, a defendant is often looking at a second-degree range of 2 to 20 years, and in some cases the habitual offender range of 25 years to life.

That structure catches people off guard, so it is worth walking through exactly where each increase comes from.

How Does Texas Escalate Family Violence Assault Charges?

Start with the baseline. Under Texas Penal Code Section 22.01, assault causing bodily injury is a Class A misdemeanor. “Bodily injury” is defined broadly enough that physical pain alone qualifies, with no visible mark required.

The escalation happens in two separate steps:

Step one, the offense level. Section 22.01(b)(2)(A) makes the assault a third degree felony when it is committed against a family member, household member, or dating partner and the defendant has a prior conviction for a family violence offense. That is one prior, not two. The prior can also be a violation of Section 25.07 or 25.072 based on family violence.

Step two, the punishment range. Once you are convicted of a third degree felony, Section 12.42 raises the range based on your record:

  • One prior felony conviction: the third degree felony is punished as a second degree felony, 2 to 20 years
  • Two prior sequential felony convictions: the habitual offender range applies, 25 years to life

So a third family violence incident does not have its own penalty box. It sits in the third degree felony box, then gets moved up by the priors that came before it.

What Is Continuous Violence Against the Family?

Prosecutors have a second route, and it does not require any prior conviction at all.

Under Penal Code Section 25.11, continuous violence against the family occurs when a person commits two or more assaults causing bodily injury against family members, household members, or dating partners within a 12-month period. It is a third-degree felony, 2 to 10 years.

Two features make this charge dangerous:

  • No prior conviction is required. The earlier incidents do not need to have been charged, prosecuted, or reported
  • The victims can be different people. Two assaults against two different partners in the same year can support one charge
  • The jury does not have to agree on which incidents occurred. It only has to agree that at least two qualifying incidents happened in the window

If a jury doubts three of five alleged incidents but believes two, that is still a conviction.

Does Strangulation Change the Charge?

Substantially, and on a first offense.

Section 22.01 makes assault a third degree felony when it is committed by intentionally, knowingly, or recklessly impeding another person’s normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. No prior conviction is needed.

Combine that allegation with a prior family violence conviction and the charge can rise to a second degree felony, 2 to 20 years.

This is why the language in a police report matters so much. Words like “grabbed her neck” or “put his hands on her throat” convert a misdemeanor into a felony, and defense counsel needs to test whether the medical evidence actually supports impeded breathing.

What Happens Beyond the Prison Sentence?

The collateral consequences of a felony family violence conviction often outlast the sentence, and they are the part clients underestimate.

  • Firearm rights. A conviction makes you a prohibited person under federal law. Federal law also covers dating partners, not just spouses
  • Family court. A family violence finding directly affects conservatorship and possession decisions in a Texas custody case
  • Housing and employment. Felony family violence convictions surface on nearly every background check and are common disqualifiers for licensed professions
  • Immigration. A crime of domestic violence is a deportable offense for non-citizens, including lawful permanent residents
  • No record sealing. Texas does not allow nondisclosure for these convictions

There is also a procedural trap worth flagging. An affirmative finding of family violence can attach even to a deferred adjudication, and once it is on the record it functions as the prior conviction that elevates the next charge.

How Do Prosecutors Prove a Prior Conviction?

They have to, and it is not automatic. The State must prove the prior conviction and the family relationship as elements of the enhanced offense.

Where these cases are actually won:

  • Was the prior a valid conviction or a dismissed case, deferred adjudication without an affirmative finding, or a Class C plea?
  • Did the prior involve a qualifying relationship under Family Code Sections 71.0021(b), 71.003, or 71.005?
  • Is the judgment properly authenticated, and is the person in that judgment provably the defendant?
  • For habitual enhancement, were the priors sequential? The second offense must have occurred after the first conviction became final. Out-of-order priors do not support the 25 to life range

Defense counsel should pull the complete file on every prior, not just the docket sheet. Paperwork problems in old cases are common and they can collapse an enhancement.

Frequently Asked Questions

Can the alleged victim drop the charges?

No. The State prosecutes, not the complaining witness. A recanting affidavit can influence a prosecutor’s decision, but cases proceed regularly over the victim’s objection.

Is a third family violence assault probation eligible?

Sometimes at the third degree level, but the habitual range under Section 12.42(d) is not probation eligible. Enhancement decisions therefore change the entire strategy.

Does a dismissed prior case count as a prior conviction?

No. Only a conviction, or a deferred adjudication with an affirmative family violence finding, can serve as the predicate.

How long do prosecutors have to file charges?

For offenses that occurred after September 1, 2023, third degree felony assault generally carries a five-year limitations period in Texas, increased from the prior three-year limitations period, though the analysis differs by offense and by charge selected.

Getting Ahead of a Third Family Violence Charge

The single biggest factor in these cases is whether counsel gets involved before the enhancement paperwork is finalized.

  1. Say nothing to police, including explanations meant to help. Recorded calls and scene statements are the State’s strongest evidence
  2. Comply with every bond condition and protective order without exception. A violation adds a new charge under Section 25.07 and becomes another predicate
  3. Do not contact the complaining witness, even at their request
  4. Gather your own prior case records so counsel can attack the enhancements early
  5. Address the family court exposure in parallel, since a family violence finding follows into custody proceedings

Flatiron Legal Advisors defends assault and family violence allegations through our Texas criminal defense team, and we handle the related custody consequences in the same firm. If you want a fuller picture of Texas assault exposure, see our guides on felony assault charges and aggravated assault with a deadly weapon.

Schedule a confidential consultation before your next court date.

Reviewed by the Flatiron Legal Advisors criminal defense team. This article is general information, not legal advice for your specific case.