Understanding Assault by Strangulation Charges
In Texas, assault by strangulation is treated as a serious felony offense, particularly when it involves family members or domestic relationships. While most assault charges are typically classified as misdemeanors, the Texas Legislature significantly enhanced penalties for strangulation or suffocation offenses in 2009, which may elevate these charges to felony status, recognizing their potentially life-threatening nature and connection to escalating patterns of domestic violence.
At the Law Office of Jorge Vela, we provide aggressive defense for those facing these serious allegations. As former prosecutors with extensive trial experience in complex criminal matters, we understand both sides of these cases and use our insider knowledge to build the strongest possible defense for our clients.
DISCLAIMER: This information should not be construed as legal advice. Every case is unique, and individuals facing strangulation charges should consult directly with an attorney to understand their specific legal situation.
Table of Contents
What Constitutes Assault by Strangulation in Texas?
Under Texas Penal Code § 22.01, strangulation is specifically defined as:
“Intentionally, knowingly, or recklessly impeding the normal breathing or circulation of blood of another person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.”
This offense becomes a felony when committed against:
- Family members
- Household members
- Individuals in a dating relationship with the accused
For a conviction, the prosecution must prove beyond reasonable doubt that the accused intentionally, knowingly, or recklessly impeded the normal breathing or blood circulation of the alleged victim through one of these methods. Each case is unique, and the specific circumstances may affect how charges are filed and prosecuted.
Types of Strangulation Allegations
Law enforcement typically categorizes strangulation allegations into several types:
- Manual Strangulation: Using hands, arms, or other body parts to apply pressure to the neck or throat
- Ligature Strangulation: Using objects like ropes, cords, or clothing to restrict breathing
- Hanging: Using a cord around the neck with body weight as leverage
- Suffocation: Blocking airflow by covering the mouth and/or nose with hands, pillows, plastic bags, or other objects
Each type may present different evidentiary challenges and could require specialized defense strategies. The classification may affect how your attorney approaches your defense.
Penalties for Assault by Strangulation in Texas
Potential penalties for assault by strangulation in Texas may include the following, though actual sentencing can vary based on the specific circumstances of each case:
Third-Degree Felony
- First-time offenders typically face third-degree felony charges
- Punishable by 2-10 years in prison
- Fines up to $10,000
Second-Degree Felony
- If the defendant has prior convictions for family violence or assault
- If the strangulation caused unconsciousness
- Punishable by 2-20 years in prison
- Fines up to $10,000
First-Degree Felony
- In cases with serious aggravating factors or extensive prior history
- Punishable by 5 years to life imprisonment
- Fines up to $10,000
Beyond criminal penalties, a conviction can result in:
- Permanent criminal record affecting employment opportunities
- Loss of firearm rights
- Immigration consequences for non-citizens
- Protective orders limiting contact with family members
- Impact on child custody arrangements
- Mandatory batterer intervention programs
**Every case is unique, and individuals facing strangulation charges should consult directly with an attorney to understand their specific legal situation.
The Prosecution's Challenge: Proving Strangulation
One of the most critical aspects of strangulation cases is the evidence, or often, the lack thereof. Despite the serious nature of these allegations, strangulation frequently leaves minimal visible evidence, creating a situation where cases may hinge primarily on testimony.
Prosecutors typically rely on:
Physical Evidence
- Bruising or redness on the neck, throat, or face
- Petechiae (tiny red spots) around the eyes, face, or neck from burst blood vessels
- Broken blood vessels in the eyes
- Voice changes or hoarseness
- Difficulty swallowing
Witness Testimony
- Victim statements
- Eyewitness accounts
- Responding officer observations
Medical Documentation
- Emergency room reports
- Photos of injuries
- Expert medical testimony
Prosecutors face challenges in cases where physical evidence is minimal or non-existent. In such situations, allegations may be based almost entirely on the accuser’s statements, creating opportunities for effective defense strategies.
Why These Allegations Arise in Domestic Contexts
Strangulation allegations often emerge in heated domestic disputes, divorce proceedings, or custody battles. While many cases involve genuine incidents of violence, others may stem from:
- Misinterpretations of physical contact during arguments
- False accusations as leverage in family court proceedings
- Exaggerated claims from minor physical altercations
- Self-defense actions misrepresented as unprovoked assault
- Confusion about the actual cause of marks or injuries
Understanding the context surrounding these allegations is crucial to developing an effective defense strategy.
Effective Defense Strategies for Strangulation Charges
At the Law Office of Jorge Vela, we employ multiple defense strategies tailored to the specific circumstances of each case:
Challenging the Evidence
- Questioning the reliability and consistency of witness testimony
- Analyzing medical evidence for alternative explanations
- Investigating the timeline and circumstances of the alleged incident
Self-Defense Claims
- Texas law permits reasonable force when necessary for self-protection
- Demonstrating that actions were taken to restrain an aggressor rather than to cause harm
- Establishing that the accused believed force was immediately necessary for protection
Lack of Intent
- Proving that any contact was accidental rather than intentional
- Demonstrating that there was no intent to impede breathing
- Challenging the prosecution’s ability to prove the required mental state (intentionally, knowingly, or recklessly)
False Allegations
- Exposing motivations for false claims, particularly in contentious divorce or custody cases
- Identifying inconsistencies in the accuser’s story
- Presenting character witnesses and alternative evidence of the relationship dynamics
Procedural Violations
- Identifying improper police procedures
- Challenging violations of constitutional rights
- Addressing improper evidence collection or handling
Why Experienced Legal Representation Is Critical
Assault by strangulation charges require specialized defense strategies. As a felony offense with severe penalties and far-reaching consequences, the stakes are extraordinarily high.
Having represented numerous clients in these cases, we understand the nuanced approach needed to:
- Challenge questionable evidence
- Navigate complex domestic dynamics
- Address jury perceptions and biases about domestic violence
- Negotiate with prosecutors when appropriate
- Prepare compelling trial presentations when necessary
Our experience as former prosecutors provides invaluable insight into how these cases are built and where their vulnerabilities lie. We use this knowledge to develop targeted, effective defense strategies for each client.
Protective Orders in Strangulation Cases
Almost invariably, strangulation allegations lead to protective orders, which can:
- Force you from your home
- Restrict contact with children
- Impact Employment
- Create a presumption of guilt before trial
We work hard to challenge unwarranted protective orders and minimize their impact on your life while your case proceeds.
The Impact on Family Court Proceedings
Strangulation allegations significantly impact concurrent family court matters, including:
- Child custody determinations
- Divorce proceedings
- Property divisions
- Visitation rights
Our defense strategy accounts for these parallel proceedings to protect your rights in both criminal and family courts.
Contact an Experienced Assault by Strangulation Defense Attorney
If you’ve been charged with assault by strangulation in Austin, immediate legal representation is crucial. The early stages of these cases often determine their trajectory and outcome.
At the Law Office of Jorge Vela, we bring over 10 years of experience defending against serious domestic violence allegations. Our background as prosecutors gives us unique insight into how these cases are built, and how to dismantle them effectively.
Contact us today at (512) 537-1237 for a confidential consultation. We serve clients throughout Austin and surrounding communities.
