Assault Family Member — Second Offense in Texas | Houston Attorney

A second Assault Family Member charge in Texas is a felony, even when the new incident by itself would be a misdemeanor. A prior family-violence conviction elevates the case to a third-degree felony punishable by 2 to 10 years in prison. That makes one issue central: whether the alleged prior actually qualifies to enhance the charge.

If you or a loved one is facing a repeat family-violence assault in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.01(b)(2), an assault causing bodily injury to a family or household member or dating partner is a third-degree felony if the defendant has a prior conviction for an offense involving family violence. The State must prove both the new assault and a qualifying prior conviction. A related offense, continuous violence against the family, applies when two family-violence assaults occur within a twelve-month period, and is also a third-degree felony.

Penalty Range

Circumstance	Offense Level	Punishment
Assault family member with a prior family-violence conviction	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
Continuous violence against the family (2 within 12 months)	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
With strangulation and a prior	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine

The prior conviction is the battleground

If the alleged prior does not legally qualify as a family-violence conviction — or the State cannot properly prove it up — the felony enhancement collapses and the case can return to the misdemeanor range. We examine every prior closely.

How These Cases Are Defended

Challenging the prior. We test whether the alleged prior conviction legally qualifies and whether the State can prove it. A defective prior means no felony.
Defending the new assault. Self-defense, lack of injury, lack of intent, and false or exaggerated allegations all apply to the underlying incident.
False or exaggerated allegations. Repeat allegations frequently arise in bitter divorces and custody disputes; we expose motive and inconsistency.
Attacking the evidence. We scrutinize the 911 call, body-camera video, medical records, and shifting witness accounts.
Reduction and dismissal. Where the enhancement or the underlying case is weak, we press for reduction to a misdemeanor or dismissal.

Collateral Consequences

A felony family-violence conviction carries prison exposure, an affirmative finding of family violence, a firearm ban under state and federal law, immigration consequences, and severe custody and employment effects. Because the enhancement can often be defeated, an experienced defense is critical.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how family-violence enhancements are proven — and how they fail. If you or a loved one is facing a second-offense family assault in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Why is a second Assault Family Member charge a felony?

Under Texas Penal Code § 22.01(b)(2), an assault causing bodily injury to a family or household member is elevated from a Class A misdemeanor to a third-degree felony if the defendant has a previous conviction for family violence. The prior conviction is what turns an otherwise misdemeanor case into a felony punishable by 2 to 10 years in prison.

What counts as a 'prior' for enhancement?

A previous conviction for an offense against a family or household member or dating partner that involved family violence — even a prior misdemeanor, and even one resolved with deferred adjudication in some circumstances — can serve as the prior. Whether a specific prior actually qualifies is a technical question we examine closely, because if it doesn't qualify, the felony enhancement fails.

What is the punishment for a second-offense family assault?

It is a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000. A strangulation allegation or another aggravating factor can raise it further, and a conviction carries an affirmative finding of family violence with lasting firearm and custody consequences.

Can the felony enhancement be challenged?

Yes — and it is often the most important part of the defense. If the alleged prior does not legally qualify as a family-violence conviction, or the State cannot properly prove it, the case may be reduced back to a misdemeanor. We also defend the underlying assault on the merits.

Can the alleged victim drop a second-offense family assault?

No. The State, not the complaining witness, decides whether to prosecute. Even if the alleged victim recants or signs an affidavit of non-prosecution, the prosecutor can proceed — which is why you need your own attorney building the defense from day one.