To be charged with assault in Texas, you have to intentionally, knowingly, or recklessly cause bodily injury. The definition of bodily injury is defined by the Texas Penal Code as physical pain, illness, or any impairment of physical condition. You can be charged with assault with dating or family violence if you intentionally, knowingly, or recklessly cause bodily injury to someone who you’re dating, related to, living with, or married to. These cases can be between family members, like husband and wife, but also could come from a fight between roommates who are not related.

If violence is carried out between these types of relationships, it can be considered dating or family violence:

• Current or former spouse, partner, boyfriend/girlfriend

• Parent of your child

• Child of your current or former spouse

• Blood or adoptive family member

• Foster child

• Roommate

However, due to Texas Penal Code § 22.01(b)(2)(B), the punishment from a class A misdemeanor assault can be enhanced to a third or second degree felony if there’s an aggravating circumstance by impeding breathing or circulation of the blood by strangulation.

• “the 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”

Police are always looking for signs of strangulation and will ask the complaining witness if they had trouble breathing during the assault.

A conviction on an assault charge with strangulation, suffocation, or choking is a felony offense that could lead to a possible prison sentence and fines. This kind of charge could also affect your rights to gun ownership, certain licenses, and can have an impact on employment.

The legal outcomes for an assault by strangulation case in Texas can vary based on the specifics of the case, but in general, they could include:

• Criminal charges and penalties for assault with strangulation:

• If convicted, the first offense is a third-degree felony with a possible prison sentence from two to up to ten years, as well as fines up to $10,000.

• The second offense is a second-degree felony with a possible prison sentence of two to up twenty years, as well as fines up to $10,000.

• Probation:

• Depending on the circumstances of the case, the defendant could be eligible for community supervision (also known as probation). This could involve various conditions like check-ins, counseling, drug tests, etc.

• Protective Orders:

• Depending on the relationship between those involved in the case, and the nature of the case, the court might issue a protective order prohibiting the defendant from approaching or contacting the complaining witness.

These are just general potential outcomes, and the actual outcome of any specific case would depend on a lot of factors, including the evidence presented, the arguments of the prosecution and defense, the decision of the judge or jury, and more.

Anyone facing assault with strangulation charges should contact our office for expert legal advice. Our law firm has a team of experienced lawyers who specialize in assault strangulation cases, ensuring that clients receive knowledgeable and effective representation.

The judge creates these conditions based on what I call the “Hypothetical Future Tragedy.” This is the concept that the Judge’s decisions are designed to reduce the chance that a “tragedy” happens if the defendant is released from jail. The last thing the Judge wants to happen is for violence to occur (again) and someone to get hurt, or worse. The Judge will come up with rules (bond conditions) that reduce the chance that something else happens when the defendant is released from jail. Typical rules on an assault bond would be “stay away from the complaining witness”, “no contact with the complaining witness”, “stay away from an address”, and/or a GPS monitor. Even though the defendant has only been arrested, and not been “convicted,” the Judge is allowed to make any reasonable rules on a bond. If the defendant is caught violating the conditions, the Judge will revoke the bond and an arrest warrant will be issued.

The Judge can change/amend the bond conditions on an assault case if the defense lawyer is able to convince the Judge that the changes are reasonable, fair, and will not be risky.

There is also the possibility that the Judge grants an Emergency Protect Order (EPO) - which typically bars the defendant from going within 200 yards of an address or person(s) and restrictions on communication. The EPO different from a bond condition, because a violation of a Protective Order results in a new additional charge.

Often the prosecutor's goal is simply to pressure the defendant into making changes so that the violence will not happen again. These types of changes are what the counseling classes are designed to elicit. The classes that are common on assault cases teach tools to handle conflict and avoid violence. In my experience, my clients often find significant benefit from the classes and are happy that they were required to take them. Here is more information on the BIPP class.

Private counseling is also beneficial. We will need to get a letter from the therapist at various points during the process.