If you’ve been charged with an aggravated assault charge related to strangulation in Bexar County, you need an experienced criminal defense attorney to defend your reputation, your freedom, and your future. Our San Antonio strangulation defense attorney can help.
Under Texas law, attempting to hamper the normal breathing of another person, whether by strangulation or another means, can lead to elevated assault charges and severe penalties. If you’ve been charged with this type of offense, you need a capable attorney by your side to help reduce your punishment. Here at the Law Office of John G. Perez Jr., our criminal defense attorney has a deep understanding of the Bexar County legal justice system, and he’s ready to go above and beyond to achieve a favorable outcome in your case. You can count on John to handle your strangulation case.
Under the Texas Penal Code, strangulation is not always charged as an aggravated offense. Let’s break that down.
Assault includes intentionally, knowingly, or recklessly harming or threatening to harm someone, as well as nonconsensual provocative physical contact. Assault is typically charged as a Class A misdemeanor, and this generally includes strangulation. However, there are certain common cases in which strangulation does lead to elevated charges. Specifically, you are likely to face a third-degree felony for strangulation assault if that assault was perpetrated against a family member. This includes cases in which normal breathing is obstructed by applying pressure to the throat or neck or by blocking the nose or mouth.
Strangulation is an incredibly common form of family violence in Texas, with many domestic assault cases involving this type of harm. If your charges for violence against a household member involved strangulation, you will typically face third-degree felony charges.
However, there are also other cases in which domestic assault will be charged as a felony, even if no strangulation or choking occurred. Specifically, if you have a criminal record of prior acts of domestic assault, family violence is likely to result in a third-degree felony.
If your domestic assault case involved severe bodily injury or the use of a deadly weapon, you’re likely to face an aggravated assault case with second-degree felony charges.
Whether you’re looking at charges for strangulation or simple assault, these are serious allegations with life-changing penalties. Don’t hesitate to reach out to a San Antonio criminal defense lawyer for help fighting your charges.
If you’ve been charged with assault in Texas, there are several methods that a capable lawyer can use to attempt to reduce or eliminate the charges against you. From establishing reasonable doubt to challenging unlawful arrests, below are a few tactics your attorney may use to defend your case:
Whether you’re facing charges for misdemeanor assault or felony assault in a domestic context, the punishments you may face could extend beyond a prison sentence, from child custody issues to restricted rights to firearm possession. That’s why it’s so important to reach out to a capable defense attorney for help. A lawyer can use their knowledge of state and federal law to work for a positive outcome in your case.