Austin TX Assault Strangulation Attorney
On its own, assault is already an extremely serious offense to be accused and convicted of. But under Texas law, the charges and penalties can be enhanced if the assault was committed by strangulation.
Blocking air circulation through the neck and blood flow to the brain can both greatly risk serious injury and death. All it takes is six to ten seconds of applied pressure for a person to lose consciousness, and just over a minute for them to potentially lose their life, which is why the law takes strangulation more seriously than certain other forms of assault.
If you have been arrested on suspicion of strangulation, you need the right criminal defense attorney in Austin on your side. Contact Granger and Mueller PC to discuss your situation and the many ways our legal team might help.
What Constitutes Assault by Strangulation?
Under the law, assault can involve a person knowingly harming or threatening to harm another person. By default, it’s a Class A misdemeanor, but when the assault allegations involve strangulation, it’s bumped up to a second-degree felony, punishable by up to 20 years in prison and a $10,000 fine. A repeat offender can be subject to an additional 10 years and a $10,000 fine.
To be convicted of assault by strangulation, it must be proven beyond a reasonable doubt that the offender knowingly or recklessly impeded someone else’s breathing or blood circulation. This can happen by applying pressure to the throat or neck, as well as blocking a person’s nose or mouth, via manual (limb) choking, ligature (object) choking, or hanging (suspension) choking.
An assault charge generally stems from an arrest, oftentimes from a fight or perceived domestic violence situation. Any law enforcement or responders attending to the scene will look for the following physical evidence of strangulation:
- Sore throat
- Involuntary relieving oneself
- Neck stiffness or swelling
- Pulled muscles
- Visible abrasions, burst capillaries, bruising, or petechiae (red spots) around the injury
Just because someone is displaying these signs, however, does not mean you should be convicted of the offense. There are many ways that an assault defense lawyer can fight these charges and challenge the evidence at hand. One of the most common defenses to assault charges is self-defense, and your attorney can assess the strength of this defense in your case.
Even if you think a conviction is inevitable, you should still never plead guilty without first discussing the matter with a trusted defense lawyer. Our lawyers can negotiate with prosecutors to secure a favorable plea agreement whenever possible, and these plea deals are not offered to unrepresented clients.
Speak with an Austin Assault Strangulation Lawyer Today
In Travis County, our team offers robust defense counsel every step of your criminal case. If you or someone you know is facing a wrongful assault by strangulation charge, contact us today to learn more about how our Austin assault strangulation attorneys can help. We know how stressful the criminal process can be, and we are here to protect your rights and your future.