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Assault by Choking in Texas

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A man in handcuffs being questioned.Assault by Choking/Impeding Breath

Choking cases are so much more severe than garden-variety assault charges!

Typically, assault is charged as a misdemeanor offense and is handled in county court. However, if there is an allegation that the victim was choked, it is a third-degree felony case. If you are facing assault-by-choking charges, the dedicated aggravated assault lawyers at Pelley Law Office can help you navigate the situation to achieve a successful outcome.

The skilled aggravated assault lawyers at Pelley Law Office, L.L.P., have years of combined experience helping individuals who have been accused of assault crimes fight back against their charges and secure favorable outcomes. If you have been arrested in Plano for assault-by-choking charges, it is crucial to get experienced legal representation now. Contact us at 972-608-0335 to discuss your case and build a defense strategy.

What Are the Potential Penalties for a Plano Assault-by-Choking Crime?

While the penalties for a Plano assault-by-choking case can vary dramatically, depending on the specific details of the case and the criminal history of the alleged offender, they are often severe and come with long-lasting negative consequences. In Texas, assault-by-choking crimes are generally charged as second- or third-degree felonies, with second-degree charges being more serious.

Assault by choking/impeding breath has the following range of punishment:

2-10 years of confinement in the Texas Department of Correctional Facilities;

Up to a $10,000 fine; or

Both such fine and confinement.

To understand the particular criminal penalties that you could be facing based on your charges, it is highly recommended that you work with an experienced Plano assault-by-choking lawyer. They can help you understand your potential criminal penalties in a best-case and worst-case scenario.

If Someone Is Arrested for Assault by Choking/Impeding Breath, Will They Automatically Have a Felony Criminal Record?

Absolutely not. But, you must have the right criminal defense team. We can help you.

It is critical to immediately address the allegations in a felony assault case from the very outset. Over the years, we have amassed a very impressive record of Grand Jury “No-Bills” (dismissals) in felony assault cases. Our special knowledge of how to submit impressive “packets” to the Grand Jury has saved many, many of our clients from enduring politically driven prosecutions.

Result: Felony Assault by Choking Case “No-Billed” by the Grand Jury and charge dropped. Charge: Assault – Family Violence Choking/Impeding Breath. Client was charged with a 3rd Degree Felony of choking his fiancé and was facing 10 years in prison. A.B. hired us within days of his arrest, where police arrived at the scene after neighbors called and his fiancé because they heard screaming coming from their townhouse. Police arrived on the scene that was covered in broken glass, a broken fence, and a complete mess from the reported incident. State of Texas vs. A.B.

Result: Felony Choking Case Dismissed. Charge: Assault – Family Violence Choking/Impeding Breath. This client and his wife spent the afternoon drinking at the Shops at Legacy in Plano. She was scared that he was going to die by him choking her during a drunken argument. He got arrested after being taken to the hospital following a stab wound from a kitchen knife. They sobered up and hired Mr. Pelley and we got the felony charge dismissed. State of Texas vs. P.W.

Result: Felony Choking Case Dismissed. Charge: Assault – Family Violence Choking/Impeding Breath. The police were called and the complainant told them that her boyfriend put his hands around her throat. He was arrested for felony impeding breath (choking). After calming down a few days later, she came and hired our team and we got the case dismissed. State of Texas vs. M.B.

What Is Assault by Choking/Impeding Breath?

Texas Penal Code Section 22.01(b)(2) (B) states:

(t)he offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

This section escalates a domestic violence assault charge that would otherwise be classified as a Class A Misdemeanor to a felony crime. To understand the implications of your assault-by-choking charges in Texas, it is highly recommended to work with an experienced Dallas violent crime attorney.

When it comes to assault-by-choking charges, the prosecution will have to show that the alleged offender had the intention of impeding the circulation or breathing of the victim. Furthermore, they will need to show that the use of physical force or pressure was evident to hinder the breathing of the victim.

In such cases, it is also required to show that the injury happened as a result of physically violent action. Although visible injuries may not be a requirement for pressing charges for assault by choking, any evidence of bruises, marks, or other types of physical harm can strengthen the case of the prosecution. A skilled criminal defense lawyer can help you challenge various elements of the prosecution’s case to argue that assault-by-choking charges don’t apply to your situation. 

What Is an Emergency Protective Order in Texas?

A restraining order document along side a pair of glasses and a gavel.After an allegation of Assault by Choking/Impeding Breath, the judge will issue an Emergency Protective Order. The standard order usually provides that the citizen accused cannot go near the complainant’s home, work or school for at least 61 days. That is true even if the complainant is residing in the citizen accused’s home.

Emergency protective orders can be issued on behalf of the judge for the alleged victim and their family. On the one hand, the judge may have ultimate decision-making power on the issuance of a protective order. In some cases, the judge may be required to issue an emergency protective order, and whether or not it should be issued is not up to their discretion.

Family violence cases that involve serious bodily injury or the use or display of a deadly weapon while the crime was being committed require a judge to issue an emergency protective order. The purpose of these orders is to prevent further harm from happening to the alleged victim or their family members upon release of the accused from jail. These protective orders can be issued without giving the accused a chance to be present at a hearing.

Emergency Protective Order Violations

Emergency protective orders come with serious restrictions on the way that the accused individual can interact with the alleged victim and potentially where they can go. Failure to comply with that order can result in additional criminal charges AND A BOND REVOCATION UNTIL THE DEFENDANT GOES TO TRIAL!

It’s important to note that even if the alleged victim asks you to break the terms of the emergency protective order, this is still a crime, as the courts are the ones that have issued the order, not the victim. Violations of emergency protective orders make domestic violence crimes extremely complex, with serious difficulties in getting the emergency protective order lifted.

There are almost always more options available if you act prior to the grand jury meeting and shortly after the arrest. After the grand jury indicts your loved one, the matter becomes a political issue. You do not want that to happen.

How the Aggravated Assault Lawyers at Pelley Law Office, L.L.P., Can Support Your Case

By working with an experienced aggravated assault lawyer from our firm, you can enjoy essential legal guidance and support in navigating the criminal defense process and fighting against your charges. 

Our empathetic and skilled legal team understands how difficult and overwhelming it can be to face felony domestic violence charges, and we are here for you during this difficult time to support you in a myriad of ways, including:

  • Providing you with an initial understanding of your case. An experienced aggravated assault lawyer from our firm can help you understand the charges you are facing and the potential implications that a conviction could have on your life. They can give you a detailed overview of what you can expect throughout the criminal defense process and an initial understanding of possible defense strategies for your case.
  • Building a strong defense strategy. A lawyer from our firm can analyze the circumstances of your case to determine what defense strategy may be optimal for your situation. They can consider various defense strategies, such as arguing insufficient evidence, self-defense, or lack of intent, for example, to prove your innocence.
  • Analyzing the prosecution’s evidence. An assault-by-choking attorney from our firm can go over all of the evidence presented by the prosecution, including police documentation, witness statements, medical reports, and body cam footage, to determine where there are weaknesses in the prosecution’s case. They can look for any inconsistencies or procedural errors to fight back against the prosecution’s case.
  • Negotiating with the prosecution. In some cases, negotiating a plea deal may be an option, and you may be able to have your penalties or charges reduced. If the evidence against you is not in your favor, a skilled attorney can work to negotiate a plea deal that gets your charges brought down to a misdemeanor. They can also advocate for deferred adjudication on your behalf, which can help you get probation instead of jail time.
  • Defending your rights. As criminal charges come with various complex legal proceedings, such as hearings, arrangements, and the potential of a trial, it’s important to have a legal representative on your side who can protect your rights each step of the way. An experienced attorney from our firm can help fight for a fair trial on your behalf and work to protect you from accidentally incriminating yourself.
  • Supporting you emotionally. Individuals facing family domestic violence charges for assault by choking can be going through a very difficult time emotionally. By working with a skilled attorney, individuals accused of these crimes can enjoy peace of mind knowing that their case is in diligent and experienced hands. A lawyer can also connect defendants to crucial psychological support, which can be helpful.
  • Going to trial. Although the vast majority of assault-by-choking cases do not go to trial, it’s important to work with an experienced lawyer who can be ready to do so. An attorney from our firm can present strong opening and closing statements to show your side of the story in a convincing manner, with crucial supporting evidence, such as medical experts and eyewitnesses.

Although facing assault-by-choking charges can feel devastating and overwhelming, it’s important to remember that there is still hope. An experienced domestic violence attorney from Pelley Law Office, L.L.P., is here to help you craft and implement an effective legal strategy that drives positive case outcomes.

What Are Some Common Defenses Against Assault-by-Choking Charges in Plano, Texas?

If you’re facing assault-by-choking charges in Plano or surrounding areas, there are many legal strategies that can be leveraged to prove your innocence or mitigate your charges or subsequent penalties. A skilled violent crime attorney from Pelley Law Office, L.L.P., can work closely with you to understand the details of your case, address your concerns, and implement a tailored defense strategy. They may leverage the following common criminal defense strategies to bolster your case:

  • Questioning the sufficiency of the evidence. To prove that you committed a crime that involved the choking or strangling of a family member, sufficient robust evidence is required to be presented by the prosecution. A witness statement alone will likely not be sufficient. A lawyer from our firm can review all of the evidence brought forward by the prosecution and challenge whether this evidence is sufficient to prove your guilt beyond a reasonable doubt.
  • Providing an alibi. Individuals charged with assault-by-choking charges may have an alibi or a valid excuse to prove that they were not present at the time and place where the crime was committed. A skilled lawyer can help you present a valid alibi, potentially suggesting an alternative suspect for your mistaken identity case to get the charges against you dropped.
  • Showing that your rights were breached. Throughout arrest, investigation, and judicial processes, you have various constitutional rights that must be protected under the law. An experienced lawyer can analyze your existing proceedings up to this point to understand whether any of your constitutional rights have been breached. They can use this to your advantage.
  • Arguing self-defense. In many assault cases, criminal defendants may argue self-defense. This means they had reasonable suspicion to believe that they or another person was facing an immediate threat of violence, necessitating a reaction proportional to the threat.
  • Negotiating a plea agreement. Many assaults by choking cases are ultimately resolved through negotiating a plea deal with the prosecution. In such cases, the defendant will plead guilty in order to receive a reduced punishment, such as probation.

By working closely with your criminal defense lawyer, you can work out an optimal criminal defense strategy, protecting your rights and interests.

What Are the Collateral Consequences for Assault-by-Choking Convictions?

In addition to criminal penalties, individuals convicted of assault-by-choking crimes can face a variety of collateral consequences that can significantly impact all aspects of their lives. Those convicted of assault by choking in Plano and surrounding areas can expect the following collateral consequences:

  • Issues securing housing. Convicted felons may have a hard time securing affordable, livable housing opportunities if they have an assault-by-choking crime on their record. As landlords commonly conduct background checks in order to decide whether they want to rent to tenants, they may likely be hesitant to rent to someone with a criminal record. Housing opportunities that may be offered could ultimately be in undesirable areas.
  • Career threats. Having a felony crime on your criminal record can seriously impact your professional career. After being released from captivity, you may be laid off from your job and have difficulty securing a similar job, especially one that involves skilled work. Individuals with licenses, such as therapists and nurses, could potentially be required to give up their professional licenses, completely ending their careers.
  • Losing your right to vote. Convicted felons lose their right to register and vote while they are incarcerated. After effectively completing a sentence and finishing probation, convicted felons can regain their ability to vote.
  • Losing your gun rights. As a general rule, convicted felons and individuals who have committed certain domestic violence crimes are not able to be gun owners in the state of Texas or will need to wait a certain period of time before they can legally possess a firearm again. After regaining legal possession privileges, gun rights may be highly restricted.
  • Social consequences. As Texas criminal records are public, anyone who wants to see your criminal history can do so. This could lead to serious social stigma in your community, leading to feelings of isolation and difficulty joining new social groups.
  • Loss of parental rights. Individuals who are charged with a family violence assault-by-choking crime can lose their custody and visitation rights over their child. This is because, during custody battles, courts will consider what they believe to be the best interests of the child when deciding on custody arrangements.

Having a criminal record of domestic violence can lead to the presumption that you’re not fit to parent, which could have significant negative effects on your relationship with your children.

Fortunately, it’s possible to avoid these consequences by fighting your felony charges. A Dallas violent crime attorney from Pelley Law Office, L.L.P., can provide you with critical legal support to help you get your severe assault-by-choking charges reduced to a misdemeanor or even dropped.

Contact Our Experienced Assault-by-Choking/Impeding-Breath Defense Team Today Before It’s Too Late

Do not fool yourself by hoping your criminal problems will go away. They will not. Pick up your phone and call us right now at 972-608-0335, or send us AN EMAIL. Our experienced assault defense team is ready to start fighting for you immediately. Each moment that goes by is bad for you, and good for the prosecution.

The best way to predict your future are the results we have achieved in the past.

 

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