In Texas, those facing domestic violence charges for the first time may find themselves looking at a punishment that is different from simply going to jail.
Three types of crimes are eligible for alternative punishments in Texas, including:
- Aggravated domestic assault
- Continuous violence against family
- Domestic assault
It’s worth noting that first-time offenders with no aggravation to the assault are more likely to receive alternative punishments than repeat offenders.
What is domestic assault?
According to Texas Penal Code 22.01, a domestic assault is defined as an assault by an individual who is a family or household member OR a dating partner (either past or present).
Furthermore, domestic assault is the act of causing bodily harm to another person intentionally; threatening a person with bodily harm; or purposefully causing physical contact with a person who would consider the contact offensive or provocative.
What are the traditional penalties for domestic assault?
With no prior convictions, a defendant could be charged with a Class A misdemeanor. This typically carries a punishment of a fine of up to $4,000 and 1 year in jail. Additionally, there are 3 other severities of domestic violence sentences:
- 3rd-degree felony—2 to 10 years in prison and up to a $10,000 fine
- 2nd-degree felony—2 to 20 years in prison and up to a $10,000 fine
- 1st-degree felony— 5 to 99 years in prison and up to a $10,000 fine
Domestic assault alternative punishments
As an alternative to jail time, Texas domestic assault defendants could alternatively face deferred adjudication or probation.
Deferred adjudication
Deferred adjudication is a period of time in which a judge postpones a defendant’s sentencing. During the adjudication, the defendant is required to comply with all probation orders, refrain from committing any other crimes, seek treatment for domestic violence offenders, pay restitution and/or perform volunteer work in their community.
If the defendant successfully completes their adjudication period, the court could discharge the defendant.
Probation
Upon pleading guilty or if the defendant is convicted, the court could also forgo jail time and impose a sentence of probation. Misdemeanors can receive up to 2 years of probation and a felony charge could receive up to 10 years of probation.
Before starting this sentence, the court may still require a shortened jail sentence. Typically, it’s 180 days for a felony and 30 days for misdemeanors.
Rules for alternative punishments
Those who receive alternative punishments are still required to follow the conditions of their punishment. This means they will be responsible for paying any probation costs and meeting with their probation officer.
Additionally, they will have to follow rules given to them such as:
- Abiding by curfews
- Seeking treatment
- Keeping a job
- Submitting to drug testing
- Refraining from committing other crimes
- Following rules of any protection orders
- Refraining from owning or possessing a firearm