When Does Family Violence Become a Felony in Texas?

In this video, Board Certified Criminal Defense Lawyer Benson Varghese breaks down how family violence cases can escalate from misdemeanor to felony charges in Texas. Learn about the two main ways an assault charge can be enhanced: through a prior conviction or allegations of repeated violence within 12 months. We also discuss the potential impact of past acts on the current case and how timing can affect evidence. If you’re facing family violence charges, this is a must-watch for understanding the legal nuances.

Varghese Summersett PLLC
versustexas.com

Our team is made up of experienced criminal lawyers and former prosecutors with offices in Fort Worth, Dallas, Southlake, and Houston. We handle state criminal cases throughout North Texas. We also handle federal criminal cases across the country.

Criminal Specialists by the Texas Board of Legal Specialization:
Benson Varghese: https://www.versustexas.com/benson-va...
Anna Summersett: https://www.versustexas.com/anna-summ...
Letty Martinez: https://www.versustexas.com/letty-mar...

Criminal Defense Attorneys:
Christy Jack: https://versustexas.com/attorneys/chr...
Tiffany Burks: https://versustexas.com/attorneys/tif...
Robert Huseman: https://versustexas.com/attorneys/rob...
Mike Hanson: https://versustexas.com/attorneys/mik...
Alex Thornton: https://versustexas.com/attorneys/ale...
Audrey Hatcher: https://versustexas.com/audrey-hatcher/

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0:01 Introduction
0:06 Family Violence Misdemeanor Becoming Felony
0:20 First Way: Previous Conviction Enhancing the Charge
0:34 Assault Bodily Injury Against Family Member as Felony
0:41 Previous Conviction or Probation Doesn't Matter
1:07 Second Way: Two or More Acts of Family Violence
1:21 Allegation of Two Incidents in 12-Month Period
1:42 Example: Two Different Family Members Involved
1:54 Felony Charge: Third Degree, Two to Ten Years
1:58 Potential Penalties: Prison and Fine
2:01 Problems in Family Violence Cases with Prior Cases
2:13 Relevance of Past Allegations and Bad Conduct
2:26 Evidence Issues in Continuous Family Violence
2:38 Lack of Evidence in Past Incidents
2:59 Prosecutors' Workaround: Passage of Time
3:11 Conclusion