Assault of Family or Household Member

Assault — Family/Household Member With Prior Conviction is charged when the defendant has a previous family violence conviction and commits a new assault against a family or household member. Under Texas Penal Code § 22.01(b)(2)(A), this elevates what would otherwise be a Class A Misdemeanor directly to a Third-Degree Felony, carrying 2–10 years in a Texas Department of Criminal Justice facility and a fine up to $10,000. The prior conviction can come from any Texas court, and even a deferred adjudication that resulted in a dismissal may count as a 'conviction' for enhancement purposes under Texas law. A conviction also triggers a permanent federal firearms disability under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), meaning the defendant may never legally possess a firearm. Courts routinely order emergency protective orders at arraignment, and violations carry their own felony exposure.