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Secrets of the Texas Criminal Justice System and Your Rights
Lubbock authorities forcefully pursue charges for strangulation and suffocation. If a court convicts you of this act, you may lose more than your freedom and your money. You could be left with a permanent felony record that can appear in background checks run by future employers or landlords.
If you are were accused of restricting someone’s circulation or breathing, you may wish to meet with a Lubbock strangulation lawyer. An experienced defense attorney could protect your rights and help you prepare for the fight ahead.
Domestic Violence Laws and Strangulation
Assault and Strangulation
Texas has not created a separate statute dealing with strangulation. Instead, the law on assault also includes requirements which deal with choking or suffocation, Texas Penal Code §22.01. If a person recklessly or intentionally restricts another person’s normal breathing or circulation, the charges could range from a Class A misdemeanor up to a felony. If the alleged victim is a family member, the charge may increase to a third-degree felony.
If the court convicts a person of strangling a family member or certain government employees, the court could sentence that person to up to ten years in prison. Often courts must send defendants to jail for a minimum of two years, and defendants will have a felony conviction on their permanent criminal record.
If the defendant has prior assault convictions, a subsequent strangulation may be a second-degree felony. On top of the felony conviction and any fines, the court may send the person to jail for two to 20 years.
Class A Misdemeanor
If the law determines the injury was slight, the charge may be a Class A misdemeanor. This means that the person may face up to one year in prison and up to $4,000 in fines.
Legal Process of Strangulation
Cases involving strangulation can be challenging to prove, but also difficult to disprove. Often there is little to no physical evidence of choking or suffocating. When responding to a domestic dispute, police are often trained to ask if the other party pushed the alleged victim’s head into a pillow or put their hands on the alleged victim’s throat.
If the police believe the alleged victim, the court may accept the police report as the truth. Once the police arrest a person, the legal process begins, and it can be challenging to slow down or avoid the consequences.
The police usually do not ignore any allegations of a violent crime involving assault and battery. Whenever there is an accusation of choking or suffocating, it is vital to quickly mount a strong defense before too much time has passed.
Get More Information from a Lubbock Strangulation Lawyer
If another person claims you attempted to strangle them, you may want to call an attorney. Depending on the allegations, you could face a felony conviction, which can have a serious long-term impact on your life. A Lubbock strangulation lawyer could help you understand your rights and work with you to develop an effective strategy to defend yourself and your future. Call today to get started on your case.