If you’ve been charged with assault by strangulation in Austin, the charge on your paperwork probably reads “ASLT FM/HM IMP BREATH/CIR.” That shorthand refers to a third-degree felony under Texas Penal Code § 22.01(b)(2)(B), and it carries 2 to 10 years in prison on a first offense. This isn’t a misdemeanor. Unlike a standard domestic assault charge, strangulation triggers automatic felony treatment the moment the allegation appears, even without visible injury.
Attorney Jorge Vela, a former federal and state prosecutor, defends strangulation cases in Travis County with insider knowledge of how the government builds these cases. Call (512) 537-1237 for an immediate consultation.
What Is Assault by Strangulation Under Texas Law?
Assault by strangulation is a felony charge that applies when someone allegedly impedes another person’s breathing or blood circulation during a family violence incident. The charge covers two actions: applying pressure to the throat or neck (commonly described as choking or strangulation) or blocking the nose or mouth by any means, including suffocation. Before 2009, this conduct was treated like any other bodily injury in a domestic assault, a Class A misdemeanor carrying up to one year in jail.
Strangulation is one of the most serious charges within the broader domestic violence category in Texas, and it carries penalties far beyond a standard assault charge.
Felony Classification Under § 22.01(b)(2)(B)
The Texas Legislature elevated strangulation to felony status through House Bill 2066, signed by Governor Rick Perry in June 2009 during the 81st Legislative Session. Supporters cited research from the Texas Council on Family Violence showing that domestic violence victims who have been strangled are nine times more likely to eventually be killed by the offender. That statistic drove the decision to carve strangulation out of the misdemeanor assault statute and treat it as an automatic third-degree felony. Texas became the eleventh state to enact a specific felony strangulation law, and prosecutors have treated these cases aggressively ever since.
The Meaning of “Impede Breath or Circulation”
The statute says “impede,” not “prevent” or “stop.” That word choice means even brief or partial restriction of normal breathing or circulation satisfies the element. You don’t have to lose consciousness, and the prosecution doesn’t have to show that breathing actually stopped. Any disruption, however momentary, is enough.
The methods covered are broader than most people expect. Covering someone’s mouth or nose with a hand, a pillow, or any other object qualifies. The charge isn’t limited to hands around the throat, and that misunderstanding is one of the most common reasons defendants underestimate what they’re facing.
Qualifying Relationships Under Texas Family Code
The felony enhancement only applies when the accused and the alleged victim share a qualifying relationship under the Texas Family Code. Family members under § 71.003 include people related by blood or marriage. Household members under § 71.005 include current or former cohabitants. Dating partners under § 71.0021 include people in ongoing romantic or intimate relationships. If the prosecution can’t prove one of these three relationships, the felony enhancement doesn’t apply.
Why Trust the Law Office of Jorge Vela as Your Strangulation Defense Attorney in Austin
Strangulation cases are among the most aggressively prosecuted domestic violence charges in Travis County, and the prosecutors handling your case have a specific playbook. Criminal defense attorney Jorge Vela knows that playbook because he helped write it. Jorge spent seven years as a prosecutor, first as an Assistant District Attorney in Travis County and Webb County, then as an Assistant United States Attorney in the Southern District of Texas. He personally prosecuted hundreds of violent felony cases, including domestic assaults with strangulation allegations.
That experience shapes how the firm defends every strangulation case. Jorge knows what evidence prosecutors prioritize: the complainant’s initial statement, the 911 call, body-cam footage, and delayed medical documentation. He also knows where these cases break down, and he builds your defense around those weaknesses from day one.
The firm handles criminal defense and immigration consequences under one roof, so every case is evaluated through both lenses. The office at 818A W 10th St in Austin is available 24/7 at (512) 537-1237. Se habla español.
Penalties for Assault by Strangulation in Texas
There is no misdemeanor version of assault by strangulation in Texas. Every prosecution under § 22.01(b)(2)(B) is a felony, and the penalty range depends on your criminal history.
Charge Level | Circumstances | Prison Range | Fine |
Third-Degree Felony | First offense, no prior family violence history | 2 to 10 years | Up to $10,000 |
Second-Degree Felony | Prior conviction or deferred adjudication for any family violence offense | 2 to 20 years | Up to $10,000 |
Habitual offender enhancements under Texas Penal Code § 12.42 can push the potential sentence to life in prison. A conviction also carries a mandatory $100 contribution to a family violence shelter, and probation, if granted, requires completion of a Battering Intervention and Prevention Program (BIPP). Strangulation is charged separately from aggravated assault, which applies when serious bodily injury or a deadly weapon is involved.
Third-Degree and Second-Degree Felony Ranges
The enhancement from third-degree to second-degree doesn’t require a prior felony. A misdemeanor domestic assault from years ago is enough to trigger it. Out-of-state convictions count too, as long as the elements of the prior offense are substantially similar to a qualifying Texas family violence offense. The time between the prior conviction and the current charge is irrelevant. Even a deferred adjudication, where the original charge was technically dismissed after probation, qualifies as a prior conviction for enhancement purposes.
Collateral Consequences Beyond Prison
The prison sentence is only part of what a strangulation conviction costs you. Federal law under 18 U.S.C. § 922(g)(9) and § 922(g)(1) permanently prohibits you from possessing firearms after a family violence felony conviction. You lose eligibility for certain professional licenses, jury service, and adoption. Your employment options narrow significantly with a felony on your record.
If you’re not a U.S. citizen, the consequences can be even more severe. A felony domestic violence conviction can trigger deportation proceedings, make you inadmissible for reentry, and permanently bar you from naturalization. Our criminal immigration defense practice exists specifically because these two areas of law intersect so often.
The Permanent Family Violence Finding
Under Texas Code of Criminal Procedure Article 42.013, the court must enter an affirmative finding of family violence in the judgment upon conviction. That finding is permanent. Texas Government Code § 411.074 specifically prohibits sealing it through a nondisclosure order. The finding also creates a presumption against joint managing conservatorship in any custody case under Texas Family Code § 153.004. For many defendants, avoiding this finding is the most strategically valuable outcome short of full dismissal.
Defense Strategies for Assault by Strangulation in Austin
Strangulation cases often move forward with very little physical evidence. In many cases, the Travis County District Attorney’s Office builds its prosecution primarily on the complainant’s statement to responding officers. That makes these charges easy to file, but it also creates real defense opportunities for an attorney who gets involved early, ideally before the grand jury indictment, when a no-bill or charge reduction is still on the table.
Challenging the Impede Breath Element
The prosecution has to prove beyond a reasonable doubt that your actions actually impeded normal breathing or circulation. When the physical evidence doesn’t support that claim, the defense has strong ground to stand on. No petechiae (the small red spots caused by burst capillaries), no bruising on the neck or throat, no hoarse voice, and no difficulty swallowing all undermine the allegation at its core.
Medical expert testimony can strengthen this defense by explaining what strangulation involves physiologically and how the complainant’s condition is inconsistent with the claim. A medical examination conducted within hours of the alleged incident showing no symptoms makes the prosecution’s case significantly harder to prove.
Complainant Credibility and False Allegations
When the case is built entirely on the complainant’s verbal account, every inconsistency becomes a defense tool. Your attorney should compare the 911 call to the initial statement given to officers, then compare both to any later statements or testimony. Contradictions between those accounts raise serious questions about reliability.
Body-cam footage from responding officers is often the most powerful evidence in your favor. If it shows the complainant speaking normally, showing no distress, and displaying no marks, that footage directly contradicts the allegation. Documented motives to fabricate, such as a pending divorce, a custody dispute, or retaliatory behavior, further weaken the prosecution’s position.
Self-Defense Under Texas Penal Code § 9.31
Texas law allows you to use reasonable force to protect yourself, even in a domestic setting. Under § 9.31, if you reasonably believed force was immediately necessary to defend against the other person’s use or attempted use of unlawful force, self-defense applies. Stand Your Ground means you have no duty to retreat inside your own home. Section 9.33 extends the same protection to force used to defend children or other household members. If the contact with the throat or neck area was accidental during a mutual struggle, the required mental state of intentionally, knowingly, or recklessly may not be met.
What Happens After a Strangulation Arrest in Austin?
A strangulation arrest in Travis County triggers immediate restrictions before your case ever reaches a courtroom. At the magistrate hearing, the judge sets bond conditions and, in most strangulation cases, issues an emergency protective order under Texas Code of Criminal Procedure Article 17.292. Violating any condition, even accidentally, is a separate criminal charge under Texas Penal Code § 25.07.
Emergency Protective Orders and No-Contact Conditions
An emergency protective order (also called a Magistrate’s Order of Emergency Protection, or MOEP) takes effect the moment the judge signs it. There is no hearing beforehand, and you have no opportunity to contest it at that stage. The order typically lasts 61 to 91 days and prohibits all contact with the alleged victim, whether by phone, text, social media, or through a third party. Stay-away provisions usually extend to the alleged victim’s residence, workplace, and any school or daycare attended by children in the household.
GPS Monitoring and House Arrest in Travis County
Travis County judges treat strangulation bond conditions differently from standard domestic assault cases. GPS ankle monitors and house arrest or curfew restrictions are common, and judges frequently require hearing directly from the alleged victim before agreeing to release the defendant. Monetary bonds run significantly higher than those set for a Class A misdemeanor family violence assault, and drug and alcohol testing may be imposed as an additional condition of release.
Bond Modification Through Early Attorney Intervention
You don’t have to accept the initial bond conditions as permanent. An attorney can file a motion to modify those conditions, and courts will often agree to adjustments, whether that means removing the GPS monitor, adjusting the stay-away distance, or reducing the bond amount. Early involvement also preserves body-cam footage, 911 recordings, and witness statements before evidence fades. Defendants who wait weeks to hire a strangulation defense lawyer often spend that entire time under restrictions that could have been lifted sooner.
Call the Law Office of Jorge Vela Today
Assault by strangulation is an automatic felony in Texas. The charge, the bond conditions, and the potential consequences are already in motion. What happens next depends on the defense you build right now.
Jorge Vela has stood on both sides of the courtroom. He spent years prosecuting violent felonies before opening a defense practice built on that insider perspective. He knows how Travis County prosecutors build strangulation cases, and he knows where those cases are vulnerable.
The permanent family violence finding, the firearms prohibition, and the custody presumption are all avoidable with the right strategy. Don’t wait for the case to gain momentum against you.
Call (512) 537-1237 today. We’re available 24/7. Se habla español. You can also contact our office online or visit us at 818A W 10th St, Austin, TX 78701.