Assault By Choking Or Strangulation In Texas
Strangulation or Felony Choking Charges in Texas
Family violence assaults can be enhanced by an allegation that the assault was “strangulation” – which means choking or “impeding breath or circulation.”
When a choking allegation is paired with a weapon or results in serious bodily injury, prosecutors often elevate the case to aggravated assault, which carries second-degree felony exposure.
Choking allegations can be among the most difficult to defend because the Tarrant County District Attorney’s Office regularly prosecutes choking (also called strangulation cases) when there are no visible injuries. They also prosecute cases that the alleged victim has no desire for the prosecution to go forward.
What is Choking, Strangulation, or Impeding Breath in Texas?
Assault, including Assault by Choking, is defined by Penal Code Section 22.01. Choking means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to a person’s throat or neck or by blocking the person’s nose or mouth.
If a person is accused of having impeded the breath or circulation of a family member or dating partner, that case is going to get filed as an Assault Family Violence – Choking charge. In Tarrant County, these cases are generally handled by the Felony Family Violence Unit.
Choking allegations range from manual strangulation (using hands) to strangulation using other objects (such as rope, cords, etc.).
In some cases, the defense of consent might be raised, particularly if the choking took place in a consensual BDSM relationship.
What if the Alleged Victim in an Impeding Breath Case had No Injuries?
The law does not require bruises, marks, burst capillaries in the eyes (petechiae), or any other type of visible injury for the state to proceed on this charge. In fact, most Family Violence choking cases prosecuted by the Tarrant County District Attorney’s Office do not have any visible injuries.
What Level Offense is Choking, Strangulation, or Impeding Breath?
In Fort Worth, an allegation that a person intentionally, knowingly, or even recklessly impeded the breath or circulation of blood of someone who is considered a family member will give rise to a third-degree felony charge of Assault by Choking or Impeding Breath. This is a third degree felony, unless the person has a prior family violence conviction in which case it is enhanced to a second-degree felony.
Is Choking, Strangulation, or Impeding Breath a “3g” Offense?
Assault by Impeding Breath or Choking is not a 3g offense. Click here to learn more about 3g offenses. However, the State may allege the item that was used, whether it was hands or rope or some other object, was a deadly weapon. The deadly weapon paragraph, if found to be true, will make the offense a 3g offense.
Representative Results
Real Results in Assault by Choking Cases
A recent outcome from a Tarrant County jury trial on an impeding-breath charge.
Tarrant County Jury Trial: Not Guilty in About 20 Minutes
Assault by impeding breath is a third-degree felony, and unlike most charges a conviction can never be sealed or expunged from a record. The case against our client rested almost entirely on screenshots: text messages the complaining witness handed to police in which she accused him of choking her, and a reply from him that read like an apology. Nobody ever verified them. They were photographs of a screen, not a forensic extraction, and the district attorney’s office runs an entire unit that performs phone extractions. No one asked for one, so the jury never learned whether that thread was a complete conversation or an edited one, or what the apology was answering. The only physical finding in the case was a faint mark on the complaining witness’s neck. Cross-examining the State’s nurse expert, our attorney produced an identical mark on her own neck in front of the jury by rubbing her suit sleeve against it, then walked the expert through everything real strangulation leaves behind that this case did not have: ligature marks, finger impressions, bruising at different stages, petechiae. The expert conceded she was an advocate for the complaining witness. Officers had stood in the room where the assault was said to have happened without checking the wall for marks, and knocked on no neighboring doors.
Result: not guilty.
An accusation is not a conviction. Past results do not guarantee future outcomes, and every case depends on its own facts.
Build a Defense Again Assault by Choking Allegations in Fort Worth
If you are facing allegations of assault by choking in Fort Worth, call our experienced lawyers to discuss your legal rights and options. We have decades of experience and proven results. Call today for a free consultation. (817) 203-2220.
Affidavit of NonProsecution Form 2020
Affidavit-of-NonProsecution-Form-2020 PDF