Q: Will you go to prison on a second offence of family violence
An assault that would normally be charged as a Class A Misdemeanor family violence can instead be charged as a Third-Degree Felony if the defendant has been previously convicted (or put on deferred adjudication) for an assaultive offense in a case that could be described as family violence or dating violence.
The punishment range for a Third Degree Felony is two to ten years in the state penitentiary and a fine up to $10,000 and the imposition of the sentence can be probated for up to 10 years.
Some of the assaultive offenses that could be used as priors include Terroristic Threat, Injury to a Child, Manslaughter, Sexual Assault, and obviously all manner of Assault and Aggravated Assault. The complete list of priors that can be used to increase the level of the offense is in Section 22.01(b)(2)(A) of the Texas Penal Code.
Paul Looney agrees with this answer
A: If you plead guilty or if you are found guilty by a jury then, yes, prison is certainly a possibility. You should get a lawyer and go to work on defending against the charges. If you go to a Texas prison on a repeat family violence charge you are going to do a lot of that sentence before you are paroled. So, get busy on defending.
Kiele Linroth Pace agrees with this answer
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