The penalties for violent crimes can feel overwhelming. If convicted, you may lose more than simply your freedom and finances. You could be left with a permanent felony record that can appear in background checks for the rest of your life. It could also be difficult for you to obtain housing and employment because of your criminal record.
When charged with an assault by strangulation, it is critical to seek help from an experienced violent crime attorney. Studies indicate strangling another individual can cut off oxygen to the brain, which can then lead to serious injuries such as short-term memory loss or even a traumatic brain injury. Having strong legal representation should be your first priority if you’ve been convicted of this crime. Contact The Gracia Law Firm, P.C. to seek legal counsel regarding assault.
Brownsville Attorney for Assault by Strangulation in Texas
Assault by strangulation conviction can result in heavy penalties. If you or someone you know has been charged with assault by strangulation, it’s crucial that you seek legal representation. Our Brownsville attorneys carry years of experience handling violent crime cases, including assault by strangulation. Using our knowledge and resources, The Gracia Law Firm, P.C. can strategize a strong defense.
Please contact violent crime attorney Jonathan Gracia at 956-504-2211 to obtain a free consultation. Our attorneys defend individuals throughout Brownsville, Texas and in surrounding cities such as Harlingen, Weslaco, and San Benito.
- How Does Texas Define Assault by Strangulation? What Are the Penalties?
- Evidence in Domestic Violence — Texas Law Enforcement
- Additional Resources
Under Texas Penal Code § 22.01, a person commits a violent crime such as assault when they intentionally cause bodily injury to another person or threaten imminent bodily injury. Assault by strangulation also includes causing physical contact with another person when they should have known or had reason to believe the contact would be offensive.
The statute 22.01(b)(2)(B) defines strangulation as intentionally impeding someone’s normal breathing of circulation of the blood by applying pressure to their throat, neck. The statute also includes blocking the person’s nose or mouth. Assault is considered a misdemeanor, but it’s reclassified as a felony when the offense is committed against a family member.
Texas Penalties for Assault by Strangulation
First Offense: Penalties for domestic violence involving strangulation or suffocation in Texas include a prison sentence of 2 to 10 years.
Previous Conviction: If the person has had a previous conviction for family violence, the crime can be a second-degree felony, with punishment of 2 to 20 years in prison for family violence strangulation.
When an individual is injured by an assault, they can often be identified through “signs of abuse.” Law enforcement are required to arrest whoever they deem is the “aggressor” and may assume the person exhibiting these signs is the victim. Aside from the emotional trauma, law enforcement officers tend to look for a variety of evidence, including:
- Complains of dizziness
- Reported rope or cord burns
- Difficulty speaking
- Complaints of dizziness
- Bloody-red eyeball(s)
- Raspy voice
- Neck swelling
- Red spots on the face/neck due to blood vessels that may have burst
Along with these signs, exist many more. Someone may not realize that an individual has been strangled because their red spots appear as acne. Officers, however, are trained to look for those types of injuries. Common questions they may ask are the following:
- Has your partner or spouse ever covered your mouth and/or nose in a way that prevented you from breathing?
- Has your partner or spouse ever put his hands around your neck?
- Has your partner or spouse ever put pressure on your neck?
Texas Council on Family Violence (TCFV) – The Texas Council on Family Violence is a 501(c)(3) nonprofit organization in Texas dedicated to creating safer communities. The association is committed to prevent family violence. Visit the website to view resources on domestic violence, facts, statistics and more.
The National Domestic Violence Hotline — The National Domestic Violence Hotline is open 24/7, 365 days a year. It provides tools and support to help survivors of domestic violence. Their vision is to envision a world where all relationships are positive, healthy, and free from violence. Visit the website to obtain help, learn how to identify abuse, and create safety plans.
Brownsville Assault by Strangulation Attorney in Texas
Have you been charged with assault by strangulation? If so, it is important that you reach out to an experienced Brownsville violent crime attorney for help. We understand you may be worried about the consequences that await, and you may not know where to turn for help.
The attorneys at The Gracia Law Firm, P.C. work tirelessly to provide high-quality service for their clients. Regardless of what type of violent criminal accusation you may be facing, The Gracia Law Firm, P.C. will fight aggressively on your behalf. We represent clients in Cameron County, Hidalgo County, and Willacy County. Please call us today at 956-504-2211 for a consultation free of charge.