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Assault by Strangulation

The Texas Penal Code Section 22.01 describes assault offenses and lays out “enhancements,” or increases to penalties when the assault is committed against a family member. The act of impeding breathing or circulation of the blood by strangulation or other methods is one such enhancement and increases what would be a class A misdemeanor assault to a third or possible second-degree felony.

Felony charges bring serious and lasting consequences, and in a situation that likely occurred in private, you want a qualified domestic violence attorney in Travis County, that can most clearly represent your side.

Austin Family Violence Lawyer Handling Assault by Strangulation

Kevin Bennett will handle your sensitive family case with professionalism and care. Involving a lawyer early in this situation will assist you in minimizing or dismissing the charges.

If you are facing Assault by Strangulation charges in Travis County, including Austin, Lakeway and Lago Vista, call the Law Office of Kevin Bennett right away at (512) 476-4626. Your prior record, the credibility of the alleged victim, the physical state of the alleged victim, and other factors can influence your freedom. Set up a free consultation with Kevin Bennett to review the facts of your case. Do not leave the interpretation of the evidence up to chance.


Information on Assault by Strangulation in Texas


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Section 22.01 of the Texas Penal Code

Texas law classifies assault charges involving the intentional, knowing, or reckless causing of bodily injury to another person, threatening of bodily injury to another person, or causing of physical contact with another person that the person will regard as offensive or provocative to be a Class A misdemeanor. However, Texas Penal Code § 22.01(b)(2)(B) adds the following aggravating circumstance if the other person is a current or former spouse, intimate partner, or other household member and:

  • the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth

This charge is also referred to as Assault by Strangulation. Whereas a Class A misdemeanor might only result in one year in jail, a conviction on assault charges that involve strangulation, choking, or suffocation is a felony offense that carries a much longer prison sentence.


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Penalties for Assault by Strangulation

The consequences of an Assault by Strangulation conviction include:

  • First Offense — Third-degree felony with possible prison sentence of two years up to 10 years as well as fines up to $10,000
  • Second or Subsequent Offense — Second-degree felony with possible prison sentence of two years up to 20 years as well as fines up to $10,000

Additionally, you may be ordered to pay up to $100 to a family violence shelter and a felony charge can disqualify you from jury service, gun ownership, professional licenses, adoption, and can greatly impede your employment.


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Representing Travis County Residents against Assault by Strangulation Charges

Kevin Bennett has years of experience in Austin and the surrounding areas representing those accused of family violence. Thoughtful and practiced counsel is priceless when it could tip the scale in favor of your freedom. Call The Law Office of Kevin Bennett at (512) 476-4626 to set up a free consultation today.