Strangulation in the context of assault is treated very seriously under Texas law. When an assault involves choking or strangling another person, it is typically classified as a felony, due to the potentially life-threatening nature of the act.
Strangulation occurs when someone intentionally, knowingly, or recklessly impedes another person’s normal breathing or blood circulation by applying pressure to their throat or neck or by blocking their nose or mouth.
Assault involving strangulation is typically charged as a third-degree felony in Texas. This can be elevated to a second-degree felony if there are aggravating factors, such as previous convictions or if the assault occurs in a domestic violence context.
Penalties
- Third-Degree Felony: 2 to 10 years in prison and/or a fine of up to $10,000.
- Second-Degree Felony: 2 to 20 years in prison and/or a fine of up to $10,000.
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Domestic Violence Context
If the strangulation occurs in the context of domestic violence, the penalties can be more severe, and the charge may be elevated based on the relationship between the offender and the victim or the presence of prior domestic violence convictions.
Impact on VictimsĀ
Strangulation is particularly dangerous because it can cause unconsciousness within seconds and potentially lead to serious injury or death, even if no visible injuries are immediately apparent.
Because of the serious nature of strangulation, individuals charged with this offense face significant legal consequences, including potential long-term imprisonment and a felony record. It is crucial to seek experienced legal representation if facing such charges, as the defense strategy can be complex and must be handled with care.