Assault is a common charge in Texas with serious penalties. However, your penalties could be enhanced if you strangled someone during the assault. Impeding air flow or blocking circulation of the blood can lead to serious bodily injury or death. Because of this, in 2009 Texas legislation has implemented elevated penalties for assault by strangulation. In some cases, assault by strangulation is simply a misunderstanding. Especially when the “suffocation” is done in a sexual nature. Despite this, studies have found that strangling another person can lead cut off oxygen to the brain. This can lead to serious injuries such as short-term memory loss or even traumatic brain injuries. The jury will be unforgiving, even if no severe injuries occurred. It’s important you have strong legal representation to fight these charges. If you or someone you know has been charged with assault by strangulation, it’s imperative you contact an experienced criminal defense attorney.
Assault by strangulation is an enhanced charge with heavy penalties. You could face felony charges and time in prison. If you or someone you know has been charged with assault by strangulation, it’s crucial you gain trusted legal representation. Contact [frim] now for effective and efficient legal counsel. Our attorneys have years of experience handling violent crime cases, including assault by strangulation. Using our resources, skills and knowledge our team can formulate a strong defense. Call [phone] for a free consultation. The attorneys at [firm] defend people with assault allegations throughout the greater Houston metropolitan area including Uptown, River Oaks and Magnolia Park. Overview of Assault by Strangulation
Under Texas law, assault involves a person harming or threatening to harm another person. Charges and penalties for the crime will be enhanced if the assault was committed by strangulation. But first, the prosecution must prove certain facts without a reasonable doubt to convict you of assault by strangulation. To be convicted of the crime, you must have:
Normally, an assault charge is a class A misdemeanor, but when the crime involves strangulation, it’s classified as a second-degree felony. A second-degree felony is punishable by the following:
Your penalties will also be enhanced if you have a previous conviction of assault by strangulation and are charged with standard assault. You will not face a class A misdemeanor, but instead a third-degree felony that can result in:
Many people aren’t aware there are different types of strangulation. Choking crimes can be defined as hanging, ligature or manual. Your defense attorney can utilize scientific information about the strangulation in your case to prove you’re not guilty of the crime. Listed below is a brief explanation of each type of strangulation.
Usually, an assault charge stems from an arrest, typically a domestic violence situation. Law enforcement may visit your home after a disturbance or emergency call. They will typically look for signs of strangulation in the victim if there are accusations of assault. If the alleged victim has ulterior motives, it can be hard for police officers to discover the truth. Especially if the strangulation stemmed from a sexual act. Common signs of strangulation law enforcement will look for include:
Texas Council on Family Violence – Visit a document provided by the Texas Council on Family Violence for more information about assault by strangulation. Access the digital pamphlet to learn more about strangulation signs, the difference between suffocation and strangulation and statistics which linking strangulation to increased risk of death. National Domestic Violence Hotline – Visit the official website of the National Domestic Violence Hotline for victim resources. Access the site to learn more about their hotline, how to get involved and tips on staying safe in a domestic violence situation.
If you or someone you know has been charged with domestic assault, it’s crucial you have legal counsel. An assault by strangulation case can be tricky when it’s the victim’s word against yours. To protect your future, it’s recommended you call an attorney at [firm]. [firm] will take on any kind of family violence case in the Houston area. We are well versed in domestic violence law by our years of practice. Our team can create a strong defense strategy for you. Call [phone] today to schedule a case consultation. [firm] accepts clients throughout the greater Harris County area including Tomball, West University Place, Bellaire and Pasadena.
This article was last updated March 8th, 2019.