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In 2009, the Texas Legislature passed a new law making Family Violence Strangulation or Suffocation a felony punishable as a third-degree felony punishable by 2 to 10 years for the first offense or as a second-degree felony punishable by 2 to 20 years for subsequent convictions.
The charge is typically notated as “ASSAULT-FAMILY-CHOKING” on the criminal dockets in Bexar County, TX. In the State of Texas, men are arrested for strangulation crimes at least six times more often than women.
Crimes for family-violence assault by strangulation are treated seriously because recent studies show that women who reported being strangled by their partner are at a much higher risk of being killed by that partner later, either by strangulation or other means.
Moreover, experts have found that cutting off oxygen by strangulation that cuts off the blood flow can cause unconsciousness in as little as 10 seconds. Strangulation can cause permanent injury including difficulty in concentration and loss of short-term memory capacity. In less than two minutes, strangulation can lead to death.
If you were arrested for family violence strangulation or suffocation, you should be aware that these charges are aggressively prosecuted in San Antonio, Bexar County and throughout Texas. In the most serious cases, the prosecutor will allege that the act of strangulation occurred as a part of an ongoing pattern of escalating abuse.
You also need an attorney dedicated to your defense. The attorneys at Goldstein, Goldstein, Hilley & Orr in San Antonio, TX, are experienced fighting allegations for crimes of violence throughout Bexar County and the surrounding areas in Texas.
Call 210-226-1463 today to discuss your case.
Texas Penal Code Section 22.01 in subsection (B) provides that the elements of the crime include:
The crime of “strangulation” can include:
A ligature is the use of an object such to strangle another person. Many of these cases include allegations of using a phone cord, extension cord, clothing, chain or rope. Manual strangulation involves using a person’s body part as a weapon. Most allegations of manual strangulation involve the use of hands or arms.
In other cases, the allegations of manual strangulation involve:
Strangulation can also involve hanging another person by suspension using a rope or cord wrapped around the neck. Another form of strangulation involves suffocation that impedes the flow of air to the brain. A person is suffocated when their nose or mouth of cover with a hand or an object such as a pillow or plastic bag.
Law enforcement officers are trained to make an arrest even when there is no injury or only minor visible injuries. Although strangulation can cause substantial internal injuries, most of these cases involve no actual injuries being confirmed by any medical professional.
Sometimes people use the term “choking,” however victim advocates prefer the term “strangulation” or “suffocation.” Officers are trained to ask the victim if the person accused of the battery either:
When investigating these crimes, officers are trained to ask the following types of questions:
When the alleged victim has an improper motive to lie or exaggerate the allegations, acting these leading questions often lead to an affirmative response. The officer has a difficult time distinguishing between false allegations and truthful allegations because often no injuries can be seen.
Officers are trained to look for the following types of injuries:
Strangulation can also be charged as a misdemeanor or an aggravated assault, depending on the facts and circumstances of the offense. If you are being investigated for any allegation of family violence assault then contact an experienced criminal defense attorney at Goldstein, Goldstein, Hilley & Orr.
Contact us to discuss your case. During the free and confidential initial consultation, our attorneys can explain the charges pending against you, the typical penalties for that offense, and the best ways to fight the charges for an outright dismissal.
Call 210-226-1463 today.
This article was last updated on Friday, November 17, 2017.