Assault by Strangulation

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.

Attorney for Assault by Strangulation

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

  • How Does Texas Define Assault by Strangulation?
  • Different Types of Strangulation
  • Common Evidence Used in a Strangulation Case
  • Additional Resources

How Does Texas Define 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:

  • Acted knowingly, intentionally or recklessly by:
    • Impeding the normal breathing of another person; or
    • Impeding the normal circulation of the blood of another by applying pressure to their throat or neck. It can also be considered strangulation if you block a person’s nose or mouth.

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:

  • Up to 20 years in prison; and
  • A possible fine of up to $10,000

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:

  • Up to 10 years in prison; and
  • A possible fine of up to $10,000

Back to top

Different Types of Strangulation

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.

  • Manual Strangulation – This is most common form of strangulation is manual. Manual strangulation involves using the hands or arms to block another’s mouth, nose or neck is considered to be manual strangulation. Blocking a person’s windpipe with your foot is also manual strangulation.
  • Ligature – Strangulation is considered ligature if an object was used to choke a victim. Some examples of objects that can be used to impede another’s breathing this include shoelaces, phone cords, chains and ropes.
  • Hanging - When suspension is used to choke another person it’s referred to as hanging. For example, a person is a victim of hanging strangulation if they are suspended by a rope tied around their neck.

Back to top

Common Evidence in a Strangulation Case

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:

  • Difficulty speaking;
  • Sore throat;
  • Dizziness;
  • Psychosis or amnesia;
  • Headaches;
  • Involuntary urination;
  • Involuntary defection;
  • A raspy voice;
  • A stiff neck or pulled muscle;
  • Swollen neck;
  • Small red spots on the neck or face known as petechiae;
  • Injuries if an object was used to strangle the victim;
  • Blood shot eyes from burst capillaries;
  • Sounding out of breath; and
  • Abrasions under the chin

Back to top

Additional Resources

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.


Lawyer for Strangulation in Harris County, Texas

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.

 

TELL US ABOUT YOUR CASE

Use the form to submit your request for a free consultation.
Name(Required)
Email(Required)

*Use of this form does not constitute an attorney-client relationship.

NOT GUILTY
Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
Read More Case Results
Tyler Flood & Associates
2019 Washington Ave. #300
Houston, TX 77007
(713) 224-5529
Get Directions to Our Office

CLIENT TESTIMONIALS

CERTIFIED
Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
A D
A D
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
Dylan
Dylan
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
texasdiamonds
texasdiamonds
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
VIEW MORE TESTIMONIALS
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
Copyright © 2024 Tyler Flood & Associates, Inc.
chevron-down
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram