Assault is a very serious crime. Domestic assault, called assault family violence in Texas, is handled very strictly under state law. While many assault family violence crimes are treated as misdemeanors in the Lone Star State, cases that involve choking or strangulation are designated as felonies which carry heavier penalties.


Texas Penal Code § 22.01 defines assault as an offense during which an individual “intentionally, knowingly, or recklessly causes bodily injury to another person; intentionally or knowingly threatens another person with imminent bodily injury; or intentionally or knowingly causing physical contact with another person when the alleged offender knows or should reasonably believe that the other will regard the contact as offensive or provocative.” The “family” element essentially provides an enhancement due to living in the same household, being family members, or having or having had a dating relationship. Assault by strangulation is defined in the same section of the Code. This crime, along with the family element described above, is committed by “intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.” Assault by strangulation of a family member is one specific offense outlined under the Texas Family Code that addresses domestic violence in Texas.


The consequences of being charged and convicted of assault family violence by strangulation in Texas are severe. If the court convicts for a first offense, the punishment is a designation of the crime as a third-degree felony, with a potential sentence between two and 10 years and a fine up to $10,000. If the conviction is for a second or subsequent offense, the punishment is a second-degree felony, with a potential sentence between two and 20 years and a fine up to $10,000. Other penalties include disqualification from jury service, gun ownership, professional licenses, etc., as well as impacts to employment status and overall reputation.


The consequences can be severe if you get convicted in Texas of a family violence offense of any kind. If you or a loved one is facing an allegation of assault family violence by strangulation, it is key that you consult with a criminal defense attorney who can conduct a thorough investigation of your case. Securing the services of an experienced family violence lawyer is critical for assistance in navigating the Texas legal system and protecting your rights; your lawyer will advocate for you and fight to possibly get the criminal charges reduced or dismissed.

The experienced counsel at Austin, Texas-based Erskine Law understands the importance of keeping family violence offenses off of your permanent record and is committed to helping preserve your freedom. If you are looking for an attorney to fight back against domestic violence charges, consider Erskine Law. Brian Erskine is a caring and competent criminal defense attorney and one of the top domestic violence litigators in Austin and the surrounding area. He can defend cases of assault family violence by strangulation because he has a firm understanding of the law. Contact Law Maverick Brian Erskine today to discuss the details of your case, so he can defend you and help you reach the best possible outcome.