What Is Assault Causes Bodily Injury to a Family Member in Texas?

In Texas, assault causes bodily injury to a family member — listed on court dockets as “aslt bi-a” or “aslt causes bi fm” — is a Class A misdemeanor under Texas Penal Code § 22.01(a)(1). The charge applies when a person intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or person in a dating relationship as defined by Texas Family Code § 71.003. Maximum penalties at the Class A level are up to one year in county jail and a $4,000 fine — but enhancements can elevate the same conduct to a third-degree felony (2–10 years) or, with strangulation or impeding breath, a second-degree felony (2–20 years).

What Is Assault Causes Bodily Injury to a Family Member in Texas?

Assault causes bodily injury to a family member is defined under Texas Penal Code § 22.01(a)(1) as intentionally, knowingly, or recklessly causing bodily injury to another person — when that person is a family member, household member, or someone in a dating relationship. “Bodily injury” under Penal Code § 1.07(a)(8) is broadly defined: physical pain, illness, or any impairment of physical condition. Even a red mark, a bruise that fades within hours, or a scratch can satisfy the bodily injury element. Texas courts have held that complainant testimony alone — “it hurt” — can support the bodily injury finding, without medical evidence.

The “family violence” designation is what separates this charge from a standard Class A assault. A family violence finding triggers immediate consequences: mandatory firearm surrender under federal law (Lautenberg Amendment), ineligibility for deferred adjudication on any future family violence charge, and a lifelong record that cannot be sealed or expunged in most circumstances. For more on what constitutes family violence under Texas law, see our page on what is considered family violence in Texas.

What Does “Family Member” Mean Under Texas Law?

The definition of “family member” for purposes of this charge comes from Texas Family Code § 71.003, which is broader than most people expect. It includes:

• Current and former spouses
• Parents of the same child, even if never married
• Foster parents and foster children
• Biological and adoptive relatives by blood or marriage (parents, siblings, children, grandparents, aunts, uncles, nieces, nephews, cousins to a defined degree)
• Members of the same household, even temporarily (Family Code § 71.005)
• Current and former dating partners, including any “continuing relationship of a romantic or intimate nature” (Family Code § 71.0021)

The dating-relationship category catches many people by surprise — a brief romantic relationship, even one that ended, can support a family violence designation years later. The State must only prove the relationship existed, not its duration.

What Are the Penalties for Assault Causes Bodily Injury to a Family Member?

The base penalty for assault causes bodily injury to a family member is a Class A misdemeanor: up to one year in county jail and a fine of up to $4,000 under Penal Code § 12.21 — the same base level as a general assault causing bodily injury charge, with the family-violence finding layered on top. But the practical consequences extend far beyond the criminal sentence.

A conviction — or even a deferred adjudication that includes a family violence finding — carries:

• Permanent ineligibility for sealing or expunction (with extremely narrow exceptions)
• Mandatory federal firearm surrender under 18 U.S.C. § 922(g)(9) — the Lautenberg Amendment — for life
• Immigration consequences including inadmissibility and potential deportation for non-citizens (this is a crime involving moral turpitude under federal immigration law)
• Loss of professional licensing in healthcare, education, finance, and law enforcement
• Custody and visitation restrictions in family court proceedings
• Protective order eligibility automatically extended to the complainant for up to two years

Texas courts impose mandatory family violence findings on conviction under Code of Criminal Procedure Article 42.013 — the finding is not optional and cannot be avoided by plea negotiation alone if the State pursues it.

When Does Assault Family Violence Become a Felony in Texas?

Assault causes bodily injury to a family member elevates from misdemeanor to felony under three specific statutory pathways:

1. Prior family violence conviction. Under Penal Code § 22.01(b)(2)(A), a second offense involving family violence is automatically a third-degree felony — 2 to 10 years in prison and up to $10,000 in fines. The prior conviction can be from any Texas court and need not have been recent; there’s no lookback limit in the statute.

2. Strangulation or impeding breath/circulation. Under Penal Code § 22.01(b)(2)(B), if the assault involves “impeding the normal breathing or circulation of the blood” by applying pressure to the throat or neck, or by blocking the nose or mouth — the charge is a third-degree felony on a first offense. With a prior family violence conviction, it elevates further to a second-degree felony (2–20 years).

3. Continuous violence against the family. Under Penal Code § 25.11, two or more incidents of family violence within a 12-month period — even without prior convictions — supports a separate third-degree felony charge of “continuous violence against the family.”

Aggravated assault charges (with a deadly weapon or causing serious bodily injury) under Penal Code § 22.02 are second-degree felonies regardless of the family violence designation — and can elevate to first-degree (5–99 years or life) if a deadly weapon is used against a family member.

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

What’s the Difference Between Assault Family Violence and Domestic Violence?

Texas does not have a criminal charge called “domestic violence.” The statutory term is “family violence,” defined under Texas Family Code § 71.004 as an act by a member of a family or household against another member intended to result in physical harm, bodily injury, assault, or sexual assault — or a threat that reasonably places the member in fear of imminent harm.

The distinction matters for two reasons. First, “domestic violence” is a colloquial term used in protective order applications, news reports, and federal firearm restrictions — but no Texas statute uses that phrase as the charge name. The charge will appear on a Texas court docket as “assault causes bodily injury family member” or the abbreviation “aslt bi-a fm” or simply “aslt bi-a.” Second, the “family violence” designation is broader than what most people associate with “domestic violence” — it covers dating relationships, household members, and family-by-marriage situations that wouldn’t typically be called “domestic.”

The Class A misdemeanor base penalty is identical regardless of which term applies. The federal consequences — firearm restrictions, immigration impact — attach to the family violence finding, not the colloquial label.

Defense Strategies for Assault Causing Bodily Injury Family Member Charges

Effective defense to an assault causes bodily injury family member charge typically involves one or more of the following approaches:

Contested factual claims. Many of these cases involve disputed accounts — who initiated the physical contact, what the actual sequence of events was, and whether bodily injury actually occurred. Independent witness testimony, photographic evidence, 911 call audio, and prior inconsistent statements by the complainant are often the deciding factors.

Protective order disputes. Cases originating from contested protective order proceedings frequently involve allegations made for tactical reasons in pending divorce or custody litigation. The timing of the report relative to family court filings is a critical factual question.

Self-defense. Texas law recognizes self-defense and defense of third parties under Penal Code §§ 9.31–9.33. The use of force in response to an assailant — including a family member — is justified when the actor reasonably believes force is immediately necessary to protect against the other’s use or attempted use of unlawful force.

Lack of bodily injury proof. Where no medical evidence exists and the only proof of “bodily injury” is the complainant’s testimony, the prosecution’s case may be vulnerable to cross-examination, particularly when corroborating evidence (photos, medical records) is absent.

Identity and presence challenges. In some cases, the question is whether the accused was actually the person who caused the injury — alibi, third-party involvement, or self-inflicted injury theories.

The firm has obtained dismissals on assault family violence charges, including cases involving protective order disputes and contested factual claims. Every case is fact-specific. See our case results page for additional outcomes the firm has obtained on serious felony and misdemeanor charges.

What Is an Affirmative Finding of Family Violence?

An affirmative finding of family violence is a separate entry the court makes in the judgment. It is not the sentence, not the fine, and not the probation. Under Article 42.013 of the Texas Code of Criminal Procedure, when a court determines that an offense involved family violence as defined by Section 71.004 of the Texas Family Code, the court makes that finding and enters it in the judgment of the case.

The finding is what puts the family violence character of the case on the face of the court record. That matters because the heaviest consequences in Texas assault law attach to that character, and the finding is what proves it later, to a different prosecutor, in a different county, or to a federal agency.

Three consequences that follow a family violence case

The record cannot be sealed. Section 411.074 of the Texas Government Code blocks an order of nondisclosure for an offense involving family violence and, separately, where the court has made an affirmative finding. This is one of the few misdemeanors in Texas that stays visible on a background check no matter how well a person performs afterward.

The next case is a felony. Assault causing bodily injury to a family member is normally a Class A misdemeanor. Under Section 22.01(b)(2)(A) of the Texas Penal Code, a second one is a third-degree felony carrying two to ten years. The prior does not have to involve the same person. Separately, impeding breath or circulation elevates the charge to a third-degree felony with no prior at all.

Firearm rights are affected, and the federal side is the harsh one. Under Section 46.04(b) of the Texas Penal Code, a person convicted of Class A assault involving a family or household member cannot possess a firearm for five years. The federal ban under 18 U.S.C. Section 922(g)(9) has no five-year limit and no ordinary state route to restore the right.

Deferred adjudication is not a way around any of this

Deferred adjudication is normally how a person avoids a conviction. In a family violence case the statutes close that door directly.

For the felony enhancement, Section 22.01(f)(1) counts a plea of guilty or no contest that resulted in deferred adjudication as a previous conviction, regardless of whether a sentence was ever imposed and regardless of whether the person was later discharged from supervision. For sealing the record, Section 411.074(b) reaches a person placed on deferred adjudication for an offense involving family violence in the same breath as a person who was convicted.

Firearms are the one place with real daylight, and it runs the wrong way for anyone hoping for a clean answer. Texas treats a completed deferred adjudication as short of a conviction for the five-year rule. Federal courts have not been consistent about whether a Texas deferred counts as a conviction for the federal ban. Anyone in that position should assume the federal prohibition applies unless a lawyer who has reviewed the actual judgment says otherwise.

What Are the Alternatives to a Conviction in a Family Violence Case?

Because these consequences attach to the case rather than to the sentence, the outcomes worth pursuing are the ones that end the case, not the ones that soften the punishment.

Dismissal

A dismissal ends the exposure. The State files a motion to dismiss and the court signs it. Texas dismissal orders state the reason on the face of the order, and the reason matters later. A dismissal after completion of a diversion program opens a different path than a dismissal entered because the State reassessed the evidence.

Pretrial intervention and diversion

Availability comes first, because this route does not exist everywhere. Pretrial diversion, pretrial intervention, and family violence specific programs are offered county by county and office by office. Some Texas counties run them on family violence cases, some run them only on other charge types, and some do not offer them at all. Whether a program exists where the case is pending is the first question, not the last.

Where one does exist, Section 76.011 of the Texas Government Code authorizes a community supervision and corrections department to operate programs for the supervision and rehabilitation of people in pretrial intervention programs, and supervision under that section cannot exceed two years. Programs commonly require an assessment, counseling, community service, no new offenses, and payment of program costs.

The structural difference between pretrial intervention and deferred adjudication is why this route is worth asking about. Deferred adjudication requires a plea of guilty or no contest, and that plea is exactly what Section 22.01(f)(1) of the Penal Code points to when it counts deferred as a previous conviction for the felony enhancement. Pretrial intervention does not require a judicial confession, an admission of guilt, or a plea. It ends in a dismissal rather than a judgment. The prosecutor decides who is admitted, and the prosecutor is the one who moves to dismiss at the end.

Then there is the part that costs people the benefit they thought they were buying. Completion of a pretrial intervention program under Section 76.011 is one of the grounds listed in Chapter 55A of the Texas Code of Criminal Procedure for expunction of the arrest record, and that ground is faster than a dismissal that has to wait out the limitations period. But the program agreement is a contract. It can include terms that waive expunction eligibility outright or extend the waiting period beyond what the statute would otherwise allow. The statute sets a floor and the paperwork can move it. The expunction terms live in the agreement, not in Chapter 55A, so the agreement should be read closely before anyone signs it.

Conditional dismissal agreements

Outside a formal program, prosecutors in many counties will agree to dismiss a family violence case if the person completes agreed conditions first. Conditions commonly include upfront counseling, an evaluation followed by the treatment the evaluator recommends, a battering intervention and prevention program, no firearms during the agreement, continued mental health services, and no new charges.

A battering intervention and prevention program, usually called BIPP, is not anger management. BIPP programs are accredited under Article 42.141 of the Texas Code of Criminal Procedure and are built specifically around family violence rather than around emotional control. A court can also order BIPP as a condition of community supervision after a plea under Article 42A.504, but completing BIPP to earn a dismissal and completing it as a probation condition are different things with different outcomes.

Frequently Asked Questions About Assault Causes Bodily Injury Family Member

The following questions are commonly asked by clients facing assault causes bodily injury family member charges. Each answer reflects current Texas law; consult an attorney for advice specific to your case.

What is assault causes bodily injury to a family member?

Assault causes bodily injury to a family member is a charge under Texas Penal Code § 22.01(a)(1) — a Class A misdemeanor — when a person intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or person in a dating relationship as defined by Family Code § 71.003. Bodily injury includes physical pain, illness, or any impairment of physical condition.

What does “aslt bi-a” mean on a Texas court docket?

“Aslt bi-a” is the abbreviated docket entry for “assault causes bodily injury” — used by Texas courts and clerks to identify a Penal Code § 22.01(a)(1) charge. When the abbreviation appears as “aslt bi-a fm” or “aslt causes bi fm,” the “fm” indicates a family member designation, triggering family violence enhancements.

Is assault causes bodily injury a felony in Texas?

The base offense is a Class A misdemeanor, not a felony. It elevates to a third-degree felony if the defendant has a prior family violence conviction, or if the assault involved strangulation or impeding breath. It elevates to a second-degree felony with strangulation plus a prior conviction. Aggravated assault charges with a deadly weapon or causing serious bodily injury are felonies regardless of the family violence designation.

What’s the difference between assault family violence and domestic violence in Texas?

Texas law uses the term “family violence” rather than “domestic violence.” The charge appears on court dockets as “assault causes bodily injury family member” — there is no separate “domestic violence” statute. Family violence is defined broadly under Family Code § 71.004 to include dating relationships, household members, and relatives by blood or marriage.

What are the penalties for assault causes bodily injury to a family member?

The base penalty is a Class A misdemeanor: up to one year in county jail and up to $4,000 in fines. With enhancements, penalties increase to third-degree felony (2–10 years) or second-degree felony (2–20 years). Beyond the sentence, a conviction triggers permanent firearm restrictions under federal law, immigration consequences, ineligibility for record sealing, and protective order eligibility for the complainant.

What is the statute of limitations for assault causes bodily injury to a family member in Texas?

For the Class A misdemeanor base offense, the statute of limitations is two years from the date of the alleged assault under Code of Criminal Procedure Article 12.02. For felony-level enhancements (third-degree or second-degree), the statute of limitations is three years under Article 12.01. The clock can pause if the accused leaves Texas.