Domestic Violence Strangulation in Texas
Domestic assault charges is a serious offense in Texas. It is defined as an act of violence or abuse committed against a family or household member. This can include physical violence, sexual abuse, emotional abuse, or threats of violence.
Under Texas law, domestic violence case is considered a criminal offense and can result in serious legal consequences for the offender.
In Texas, strangulation is considered a serious crime and is typically prosecuted as a felony offense. The state’s strangulation laws are contained in the Texas Penal Code. It defines strangulation as knowingly, or recklessly impeding a person’s normal breathing or circulation of blood. This is done by applying pressure to the person’s throat or neck, or by blocking the person’s nose or mouth.
In addition to criminal penalties, a person convicted of strangulation may also be subject to civil liability. This can include the payment of damages to the victim. It’s important to note that Texas law also includes a separate offense of “continuous violence against the family”.
This is a felony offense. It may be charged if a person engages in two or more incidents of family violence within a 12-month period. This offense may include acts of strangulation committed against a family member or household member.
Penalties of Domestic Violence Strangulation
Domestic violence strangulation in Texas is taken very seriously, and the penalties for this offense can be severe. If a person is convicted of domestic violence strangulation in Texas, the penalties may include:
- Imprisonment: Domestic violence strangulation is usually classified as a third-degree felony offense, which carries a sentence of up to 10 years in prison. However, the offense can be enhanced to a second-degree felony if certain aggravating factors are present. These factors include causing the victim to lose consciousness, or committing the offense against a family member or household member. A second-degree felony carries a sentence of up to 20 years in prison.
- Fines: In addition to imprisonment, a person convicted of domestic violence strangulation may be fined up to $10,000.
- Probation: In some cases, a court may sentence a person to probation instead of imprisonment. Probation may include conditions such as community service, counseling, or electronic monitoring.
- Protective order: If the victim of domestic violence strangulation requests it, the court may issue a protective order that prohibits the offender from having contact with the victim or coming near the victim’s home or workplace.
It’s important to note that these penalties may vary depending on the specific circumstances of the offense. Additionally, a defendant’s criminal history of domestic violence strangulation may face other consequences.
Such as difficulty finding employment, loss of custody of their children, and damage to their reputation. It’s also worth noting that domestic violence is a serious offense. It can have lasting effects on the victim and their family. Seeking help and support is crucial for those who may be experiencing abuse.
Proving strangulation in Texas can be a complex process, as it often involves physical evidence, witness testimony, and medical documentation. Here are some common ways that prosecutors may attempt to prove strangulation in Texas:
- Physical evidence: Prosecutors may present physical contact such as bruising, swelling. Or tiny red and purple spots on the victim’s neck or throat, which can be indicative of strangulation. They may also present clothing or other objects that were used to apply pressure to the victim’s neck or throat.
- Witness testimony: Witnesses who saw or heard the strangulation occur may be called to testify in court. This may include the victim, other family members or household members, or bystanders who witnessed the incident.
- Medical documentation: Medical documentation such as hospital records, medical reports, or photographs of injuries can also be used to prove strangulation. Medical professionals may also be called to testify about the victim’s injuries and the possible causes of those injuries.
- Other evidence: Prosecutors may also present other evidence, such as audio or video recordings of the incident, 911 call recordings, or text messages or emails that show evidence of prior abuse.
It’s important to note that proving strangulation beyond a reasonable doubt can be challenging. The specific evidence needed to prove the offense may vary depending on the circumstances of the case.
Arrested? Don’t Plea, Call Me!
We all know and understand how things can get out of hand after being falsely charged of domestic assault or violence. It is therefore important to have experienced domestic assault defense lawyers on your side. Having strangulation charges in Texas can worsen the domestic violence charges.
If you live in Lubbock County, Potter County, Randall County, Dallas County, Denton County, Midland County, Bexar County, or Tarrant County. Contact our attorneys at Texas Criminal Defense Group for a legal review of your case.