A basic assault involving threats under Texas Penal Code 22.01 is a Class C misdemeanor. If the assault involves actual bodily injury, the crime is enhanced to a Class A misdemeanor. However, when the target of the violence is a family member or household member, and the defendant has a previous conviction, and the crime involved strangulation, the crime will be prosecuted and punished under the category of a second-degree felony. Third-degree felonies can result from second convictions of domestic violence or instances of strangulation but not both. More penalties are listed as follows:
- Class C misdemeanors are punished by fines of up to $500
- Class A misdemeanors are punished by a jail term of up to one year and a fine of up to $4,000
- Third-degree felonies carry a maximum prison term of 10 years and fines to a maximum of $10,000
- Second-degree felonies have a minimum jail sentence of 2 years to a maximum of 20 and a fine of up to $10,000
Any assault that results in direct violent contact carries a potential for a jail sentence. This is in addition to any provisions made by a protective order. These orders can eliminate any contact between spouses. As well as negatively impact child custody and the right of a defendant to remain in their homes.