Have you been charged with assault by strangulation? If so, it is critical that you contact an experienced Dallas criminal defense lawyer for help. We understand that you are likely worried about the charges you face, and you may not know where to turn for help.
For more than a decade, RJ Harber has defended the rights of people in Dallas. As a former prosecutor in Tarrant County, he understands the laws in this area and knows the tactics the prosecution will employ against you. That’s why it is important to have him on your side, defending you. Don’t wait until it is too late, contact the Law Offices of RJ Harber at (214) 389-1189 today.
What is Assault by Strangulation?
The Texas Penal Code broadly defines assault as someone intentionally, knowingly, or recklessly causing bodily injury to another, threatening imminent bodily injury, or causing physical contact with another when they should have known or had reason to believe the contact would be offensive.
Strangulation is further defined as the intentional, knowing, or reckless impediment of normal breathing or blood circulation of another person through the application of pressure to the person’s throat or neck or by blocking their nose or mouth. While assault is normally a misdemeanor, it becomes a felony when the crime is committed against a family member. This assaults by strangulation in domestic violence cases much more complex to handle and defend compared to the average misdemeanor assault charge.
Penalties for Assault by Strangulation
Assault by strangulation in the domestic violence context elevates the crime to a felony (as opposed to a misdemeanor). As a result, the penalties assessed are more severe, and they can get even harsher depending on the circumstances of your situation. For instance, there are different degrees of assault by strangulation:
- First-degree felony assault by strangulation: You may be sentenced to a minimum of five years in prison and a maximum of life in prison. You will also be assessed a fine.
- Second-degree felony assault by strangulation: You may be sentenced from 2 to 20 years in prison and assessed a fine not to exceed $10,000.
- Third-degree felony by strangulation: You may be sentenced to up to 10 years in prison and assessed a fine not exceeding $10,000.
An experienced lawyer will help you understand the differences between the felony types and what penalties you might face. Generally speaking, the degree of the felony changes depending on the history you have with assault offenses, especially with regard to domestic violence.
The ramifications of a conviction for an assault by strangulation are serious; do not risk your freedom by attempting to representing yourself. It is critical to have an experienced attorney help you formulate the strongest, most convincing defense on your behalf.
Effects of a Conviction for Assault by Strangulation
An assault by strangulation charge can have many detrimental effects on your family, reputation, job, hobbies, and any future prospects. It can also have an effect on any current family-related court orders you may have in place, and it can cause Child Protective Services to become involved in you and your family’s affairs.
Often, a charge for assault by strangulation will also result in an Ex Parte Protective Order being rendered. The Ex Parte Protective Order can later turn into a Protective Order against you. This may restrict you from seeing your children or spouse, and these orders can last up to two years. Your right to firearms may also be removed as a punishment and mitigating measure if you are found guilty of assault by strangulation and a Protective Order is rendered against you. An attorney could help prevent this by negotiating down the assault charge or defending you in court to avoid conviction altogether. A criminal defense lawyer will review your case, defend you against the charges you face, and protect your rights.
Any current child possession or custody-related court orders may also be put into jeopardy if the co-parent of your child finds out about the charge and tries to modify court orders regarding the children, possession, visitation, and parental rights.
Any current civil or family proceedings still pending decision will also be affected by a charge of assault by strangulation, especially if the alleged assault occurs against your soon-to-be ex-wife/husband or co-parent. Given that the signs and symptoms of strangulation can be serious and very obvious, it is all the more important to have an experienced criminal defense attorney to present your case in the best light possible.
Seek Legal Help—Call RJ Harber Today
Facing any type of assault charge can be extremely stressful on you and your family. The penalties for assault by strangulation are serious, and you do not want to try to fight them on your own. Further complicating an assault defense and strategy is the fact that a charge can be escalated to a higher-level crime when it is allegedly perpetrated in a domestic setting against a family member.
That’s why it is so important to hire an attorney with the right skill and experience to help defend you against these allegations. You want an attorney who has successfully defended others in the past, and who is motivated to help you get your criminal charges reduced or dropped.
Call (214) 389-1189 to speak with a knowledgeable member of the legal team at the Law Offices of RJ Harber. The initial consultation with us is free. We understand the situation you’re in, and we’re ready to put our experience to work for you. You’re not alone, and we’re here to help you defend your freedom and your livelihood. Don’t wait, call us today.