A Texas domestic violence charge can significantly affect your life and restrict your freedoms. The Texas Penal Code Ann. §22.01 loosely defines assault as someone who intentionally, knowingly, or recklessly causes bodily injury to another person, threatens another person with bodily harm, or applies physical contact with another person while knowing they will find it offensive.
In some domestic violence cases, the defense strategy of unknowingly harming another individual can help reduce the penalties an individual may face. However, when there is evidence of strangulation in the context of domestic violence, it is harder to prove the defendant’s claim. If you are facing strangulation charges, immediately contact a criminal defense lawyer.
What Are the Consequences of a Domestic Violence by Strangulation Conviction
Strangulation in Texas law refers to when a person intentionally, knowingly, or recklessly restricts another individual’s breathing or blood circulation through the application of pressure on the other person’s neck, throat, or by blocking their mouth or nose.
Due to the intentional nature of the assault, when strangulation is paired with a domestic violence charge, the assault is raised from a misdemeanor to a felony. Because of the increased severity, an individual’s consequences are harsher depending on your circumstances. Below are the different degrees of assault through strangulation:
- First-degree felony assault by strangulation: The possible consequences include five years to life in prison and an assessed fine.
- Second-degree felony assault by strangulation: The possible consequences include 2 to 20 years in prison and up to $10,000 in fines.
- Third-degree felony by strangulation: The possible consequences include two to ten years in prison and up to $10,000 in fines.
The penalties for an assault by strangulation conviction are severe and can put your relationships, reputation, and freedoms at risk. Depending on whether you have any prior criminal convictions or a history of abuse, you can encounter serious repercussions that are challenging to face on your own. In order to have the best possible outcome, contact a domestic violence defense attorney as soon as possible.
Should You Contact a Domestic Violence Defense Attorney?
When you’re facing criminal charges for domestic violence, there are many processes and procedures that are unfamiliar to you and can potentially put you at risk if you don’t have proper representation. The advice and defense strategies that a criminal defense lawyer will provide you with can significantly increase the likelihood of a successful case. There are many ways a domestic violence defense lawyer can help you, including:
- Answering questions about your case
- Negotiating the consequences and punishments
- Reviewing legal documents
- Analyzing for potential legal issues
- Conducting a thorough investigation
- Guiding you through the legal processes
When you have someone who has the experience and is familiar with the legal defense process, you can trust in their resources and ability to protect and defend your rights. Domestic violence charges with strangulation have severe punishments that can drastically impact your life. Contact a defense attorney as soon as possible so that they can start navigating you through the process.
Contact Attorney Sophia C. Martinez for a Dependable Texas Lawyer
Trying to fight domestic violence charges alone is not only frightening but dangerous to you and your freedoms. While there are significant legal repercussions for a domestic violence charge, there are also social and economic restrictions that can alter your life. From applying for loans to career opportunities, a DV charge can stop you from achieving your goals.
When you work with a lawyer at Sophia Martinez Law, you can trust that they will do everything in their power to protect your rights. Attorney Sophia C. Martinez is proud to represent so many individuals from across the state of Texas. Fluent in English and Spanish, Attorney Sophia C. Martinez offers legal services in both languages to make sure all of her clients have comfortable communication.
Call (210) 226-3000 or fill out our contact form for more information about how we can assist with your case.