Enhanced Penalties for Repeat Assault or Family Violence Offenders

A Beginner’s Guide to What Happens When You Have a Prior Assault Conviction in Texas

If you’ve been arrested for assault or family violence in Texas, and you’ve been in trouble before, the stakes just got a lot higher.

Under Texas law, repeat offenders face enhanced charges, steeper penalties, and stricter sentencing guidelines — even if your new case would normally be a misdemeanor.

In this guide, we’ll walk you through how repeat assault and family violence convictions trigger enhanced penalties, what those penalties look like, and how a skilled attorney near you can protect your record and your future.

What You’ll Learn in This Guide:

• How prior assault or family violence convictions increase penalties
• When a misdemeanor becomes a felony
• Sentencing ranges for repeat offenders
• The impact of “family violence findings” on future cases
• How a lawyer near you can fight to reduce or dismiss enhanced charges

What Is an “Enhanced” Assault Charge in Texas?

In Texas criminal law, “enhancement” means a prior conviction allows the State to elevate a new charge to a higher level offense. This often happens in repeat assault or domestic violence cases.

Examples:

• A second family violence offense = felony (even if no serious injury)
• A third misdemeanor assault = more severe sentencing
• A new assault during probation or parole = higher punishment range

How Prior Family Violence Convictions Elevate Charges

Under Texas Penal Code § 22.01(b)(2)(A), if you’ve ever been convicted of Assault–Family Violence, any future accusation — no matter how minor — can be prosecuted as a third-degree felony.

Even if your first conviction was a Class A misdemeanor, your second offense may result in 2 to 10 years in prison and up to $10,000 in fines.

Key facts:

• The original case does not have to include jail time
• Even deferred adjudication with a family violence finding counts as a prior
• The court cannot seal or expunge your record if family violence is involved

See also: Domestic Assault and Family Violence Offenses in Fort Bend County

Repeat Offenders and Strangulation Cases

Repeat offenders who are accused of strangulation or impeding breath/circulation face second-degree felony charges, punishable by:

• 2 to 20 years in prison
• $10,000 fine

Even first-time strangulation cases can be charged as felonies, but if you have a prior assault or family violence conviction, the court is far less likely to offer probation.

See: Sentencing Guidelines for Felony Assault and Aggravated Assault

What About Continuous Violence Against the Family?

If you’ve had two or more family violence incidents in a 12-month period, prosecutors can charge you with Continuous Violence Against the Family, a third-degree felony, even if neither incident involved serious injury.

And here’s the key: You don’t have to be convicted of the previous incidents — mere allegations may be enough.

See: Continuous Violence Against the Family Charges Explained

Penalties for Repeat Assault or Family Violence Charges

Charge TypeFelony LevelPrison TimeFineNotesRepeat Assault – Family ViolenceThird-Degree2–10 yearsUp to $10,000Even minor injury or threats can qualifyRepeat StrangulationSecond-Degree2–20 yearsUp to $10,000Enhanced based on prior historyContinuous ViolenceThird-Degree2–10 yearsUp to $10,000Based on pattern of behavior, not convictions

Collateral Consequences of Repeat Assault Convictions

Even if you avoid prison, a felony assault or family violence conviction leads to:

• Lifetime firearm ban (state and federal)
• Loss of parental rights or custody modifications
• Ineligibility for professional licenses
• Immigration consequences (inadmissibility or removal)
• Housing and employment barriers

This is why hiring an experienced attorney near you is critical — early intervention can mean the difference between a felony record and a second chance.

Can Repeat Assault Charges Be Reduced or Dismissed?

Yes — but not without strategic, aggressive defense. Your lawyer near you may be able to:

• Challenge the validity of the prior conviction
• Argue lack of intent or credible evidence in the current case
• Negotiate a reduction to misdemeanor charges
• Pursue pretrial diversion (rare, but possible in special circumstances)
• Fight for deferred adjudication without a family violence finding if permitted

What If Your Prior Conviction Was a Class C Assault?

Even Class C Misdemeanor Assault – Family Violence citations can be used to enhance future charges if the court made a “family violence finding”.

That’s why it’s dangerous to simply “pay the fine and move on” — your next assault accusation could lead to felony prison time.

Learn more in: Penalties for Misdemeanor Assault (Class C and A)

How a Criminal Defense Attorney Near You Can Help

A repeat assault or family violence accusation is not just another misdemeanor — it could be the one that lands you in a felony courtroom, with lifelong consequences.

A skilled criminal defense attorney near you can:

• File motions to suppress prior convictions
• Challenge the legality of prior family violence findings
• Fight for dismissal, reduction, or pretrial diversion
• Protect your record, freedom, and rights

At Walker Law Office, we’ve helped hundreds of clients across Harris County, Fort Bend County, and Galveston County overcome enhanced assault charges — and we’re ready to fight for you.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced criminal defense attorney near you.

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