On Texas court paperwork, Assault CBI (FV)(A) is shorthand for Assault Causing Bodily Injury (Family Violence), a Class A misdemeanor under the Texas Penal Code. It is the most serious misdemeanor level in Texas, one step below a felony. A first conviction can bring up to a year in county jail and a fine of up to $4,000, and it triggers a lifetime federal firearms ban, possible deportation for non-citizens, and a permanent criminal record that Texas law will not let you seal.
What Each Part of the Abbreviation Means
The label breaks into four pieces, and each one points to a specific element of the offense.
- Assault. Under Texas Penal Code Section 22.01, a person commits assault by causing bodily injury to another person, whether intentionally, knowingly, or recklessly.1State of Texas. Texas Penal Code Section 22.01 – Assault
- CBI — Causing Bodily Injury. “Bodily injury” in Texas means any physical pain, illness, or impairment of a physical condition. Broken bones and hospital visits are not required. A bruise, a scratch, or pain without visible marks can qualify.
- (FV) — Family Violence. The alleged victim is a family member, household member, or dating partner as defined by the Texas Family Code.2State of Texas. Texas Family Code Section 71.004 – Family Violence
- (A) — Class A Misdemeanor. This is the offense classification, the highest misdemeanor tier in Texas.3State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
One point of confusion is worth clearing up. The “(A)” does not stand for “aggravated.” Texas has a separate, more serious offense called Aggravated Assault under Penal Code Section 22.02, which involves serious bodily injury or the use of a deadly weapon and is charged as a second-degree felony. If your paperwork reads Assault CBI (FV)(A), you are facing a Class A misdemeanor, not aggravated assault, unless the charge has been enhanced for another reason.
Who Counts as Family, Household, or Dating Partner
The “(FV)” tag attaches when the alleged victim falls into one of three categories under the Texas Family Code. “Family” covers people related by blood or marriage, former spouses, and parents who share a child, whether or not they ever married or lived together. “Household” covers anyone living in the same dwelling, even without a family connection.4State of Texas. Texas Family Code Section 71.005 – Household “Dating violence” reaches current or former dating partners, judged by factors such as the length of the relationship and how involved the couple was.2State of Texas. Texas Family Code Section 71.004 – Family Violence
Why does the label matter so much? An identical assault against a stranger would still be a Class A misdemeanor with the same maximum jail time and fine. What the family violence designation adds is the federal firearms ban, the immigration exposure, and the inability to seal the record. Those are the pieces that follow a person for life.
Penalties for a First Offense
As a Class A misdemeanor, a first offense carries up to one year in county jail, a fine of up to $4,000, or both.3State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor Judges have wide discretion at sentencing, and first-time offenders often receive probation, called “community supervision” in Texas, rather than jail time. Probation is not a light touch, though. Typical conditions include a Batterer Intervention and Prevention Program (BIPP), which in Texas runs a minimum of 18 to 26 weeks and is paid for out of pocket by the defendant.5TDCJ. BIPP Accreditation Guidelines Courts also commonly order counseling, no-contact provisions, community service, drug and alcohol testing, and restitution to the victim for medical bills and other documented losses.
A probation-only sentence still results in a conviction on your record. That is what triggers the federal consequences below. Missing a single condition — a skipped BIPP session, a failed drug test, contact with the victim — can lead to revocation and jail time.
When the Charge Becomes a Felony
The Class A classification only holds for a first offense without aggravating factors. Two situations move the charge into felony territory, and the jump is steep.
- Prior family violence conviction. If you have any previous conviction for an offense against a family member, household member, or dating partner, including offenses under the assault, kidnapping, or protective order violation statutes, the new charge becomes a third-degree felony. The punishment range is 2 to 10 years in prison and a fine of up to $10,000.1State of Texas. Texas Penal Code Section 22.01 – Assault6State of Texas. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
- Strangulation with a prior conviction. If the assault involved choking, strangling, or blocking the victim’s nose or mouth, and you have a prior family violence conviction, the charge is a second-degree felony carrying 2 to 20 years in prison and up to $10,000 in fines.7State of Texas. Texas Penal Code Chapter 22 – Assaultive Offenses8State of Texas. Texas Penal Code Section 12.33 – Second Degree Felony Punishment
One trap catches many defendants off guard. Deferred adjudication counts as a prior conviction for enhancement purposes. Even if you completed probation on an earlier family violence charge and the case was “dismissed,” Texas still treats that outcome as a previous conviction when deciding whether to upgrade a new charge to a felony.1State of Texas. Texas Penal Code Section 22.01 – Assault A conviction in another state for a substantially similar offense also counts.
Federal Consequences Most People Miss
Two federal consequences hit hard and appear nowhere in the Texas statute, which is why so many defendants learn about them the wrong way.
Under 18 U.S.C. § 922(g)(9), any person convicted of a “misdemeanor crime of domestic violence” is permanently barred from possessing, purchasing, shipping, or receiving any firearm or ammunition. There is no expiration and, in most cases, no process for restoration. The ban applies to the misdemeanor conviction; a felony is not required. Violating the ban is a separate federal felony.9Office of the Law Revision Counsel. 18 U.S. Code Section 922 – Unlawful Acts
For non-citizens, a domestic violence conviction is a deportable offense under federal immigration law. A person convicted of a “crime of domestic violence” after being admitted to the United States can be removed, regardless of how long they have lived here or their immigration status.10Office of the Law Revision Counsel. 8 U.S. Code Section 1227 – Deportable Aliens The conviction can also make a non-citizen inadmissible, blocking future visa applications, green card renewals, or naturalization. If you are not a U.S. citizen, the immigration exposure can outweigh the criminal penalties, and you need counsel who works in both areas.
Why the Record Stays With You
Many people assume that finishing probation cleanly will let them seal or expunge the case later. For family violence offenses in Texas, that is almost never true. Texas law specifically bars orders of nondisclosure, the mechanism for sealing records, for anyone convicted of or placed on deferred adjudication for an offense involving family violence. Offenses under the broader assaultive offenses chapter of the Penal Code are also ineligible for the standard nondisclosure process.11Texas Courts. Overview of Orders of Nondisclosure
A permanent record creates ongoing problems. Employers who run background checks will see it. State licensing boards for healthcare, education, law, and other regulated professions treat domestic violence convictions as potential grounds to deny, suspend, or revoke a license. Landlords who screen for violent offenses can turn you away, and many government-subsidized housing programs will disqualify applicants with a family violence conviction. If a custody dispute comes up later, the conviction will be part of that record too.
Deferred adjudication, which formally avoids a conviction if probation is completed, looks like a workaround but is not. Texas still treats it as a prior conviction for felony enhancement if you are ever charged again, the nondisclosure bar still applies, and background check companies can still report the underlying case.