Assault of Family or Household Member

Bexar County, Texas · San Antonio arrest records

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⚖️ Texas Law — Charge Details

2–10 years in prison + up to $10,000 fine

Offense Assault — Family/Household Member With Prior Conviction

Statute Texas Penal Code § 22.01(b)(2)(A)

Penalty Level Third-Degree Felony

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.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Strangulation or suffocation added to prior-conviction assault	Second-Degree Felony — 2–20 yrs prison, $10,000 fine	§ 22.01(b-3)
Serious bodily injury (SBI) to victim	Aggravated Assault — Second-Degree Felony, 2–20 yrs	§ 22.02(a)(1)
Deadly weapon used or exhibited	Aggravated Assault — First-Degree Felony if domestic partner, 5–99 yrs	§ 22.02(b)(1)
Habitual felony offender (2 prior felony convictions)	Life sentence mandatory under habitual offender statute	§ 12.42(d)
Conviction triggers federal firearms disability (Lautenberg Amendment)	Permanent ban on firearm possession under 18 U.S.C. § 922(g)(9)	18 U.S.C. § 922(g)(9)

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Assault of Family or Household Member

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