Attorney
Getting arrested for assault is serious. Getting arrested a second time is something else entirely. In Texas, a second assault conviction—especially one involving a family member or partner—can take what was once a misdemeanor and turn it into a felony. And with that comes prison time, lifelong consequences, and a lot less room to negotiate.
If you’re facing a second assault charge, you need to understand what’s at stake and what you can do to protect your future.
How Texas Defines Assault
Under Texas Penal Code § 22.01, assault is defined in a few different ways. You can be charged with assault if you:
- Intentionally or knowingly cause bodily injury to another person
- Threaten someone with imminent bodily injury
- Physically touch someone in a way that’s offensive or provocative
You don’t have to throw a punch to get charged. Shoving someone during an argument, raising a fist in a threatening way, or even grabbing someone’s arm in a heated moment can be enough. If the alleged victim is a family member, spouse, dating partner, or someone in your household, the case may be classified as family violence, which comes with additional legal weight.
What Changes With a Second Assault Conviction
If you’ve already been convicted of assault in the past—especially involving family violence—a second charge can be enhanced from a misdemeanor to a third-degree felony. That’s a huge shift in how the case is handled and what the punishment could be.
In fact, Texas law allows prosecutors to upgrade the charge automatically if your prior conviction involved the same victim type or occurred under similar circumstances. And you can bet they’ll be quick to use that leverage against you.
With a felony on the table, you’re also likely to face:
- Harsher bond conditions
- Protective orders that restrict contact with the alleged victim
- Less willingness from the prosecution to offer a plea deal
- Greater pressure to go to trial
Penalties for a Second Assault Conviction
A second conviction—when charged as a third-degree felony—can result in:
- 2 to 10 years in prison, fines up to $10,000
- Probation or community supervision
- Loss of firearm rights under federal law
- Protective or restraining orders
- Mandatory counseling or anger management programs
Even if you avoid prison through probation, the felony conviction will stay on your record unless it’s later expunged or sealed—and that’s rarely simple.
Long-Term Consequences Beyond the Courtroom
The penalties don’t end when the sentence is over. A felony assault conviction in Texas can affect nearly every part of your life:
- Employers may pass on your application due to your criminal record
- Landlords may deny housing
- You may be denied custody or visitation rights
- Immigration status could be impacted, including potential removal
- It may limit your ability to hold certain professional licenses
The damage to your reputation, family relationships, and future opportunities can last long after the case is closed.
Possible Defense Strategies
Just because you’ve been charged doesn’t mean you’ll be convicted. An experienced criminal defense attorney will look at every angle of your case to push back on the charges.
Potential defenses may include:
- Challenging whether the first conviction qualifies for enhancement
- Disputing what actually happened—did you intend harm, or was it mutual?
- Asserting self-defense, especially in domestic situations
- Pointing out inconsistencies in the alleged victim’s story
- Highlighting a lack of physical evidence or witnesses
Every case is different. That’s why it’s important to talk to a Texas criminal defense lawyer who can dig into the details and build a plan around your situation.
Call Daniel Collins Law for Help
If you’re facing a second assault charge in Texas, don’t wait for things to get worse. A felony conviction can take away your freedom, your rights, and your future—but it’s not a done deal. At Daniel Collins Law, we’re here to listen, to advise, and to fight for the best possible outcome. Call today or contact us online for a free consultation.