Domestic violence – which is known as assault-family violence under Texas law – is a serious crime with potentially devastating consequences. If you have been accused of domestic violence involving strangulation or choking, the consequences can be significantly more severe. A first-time charge for assault-family violence involving strangulation is charged as a felony in Texas, with the potential for prison time, fines and a permanent felony conviction. 

If you are charged with domestic violence involving strangulation, it is important to speak with an experienced criminal defense attorney as soon as possible. Although domestic violence cases involving strangulation are very serious, it is possible to obtain a good result with the right attorney and strategy. 

How are assault family violence strangulation cases charged?

In Texas, a first-time assault-family violence case is generally charged as a Class “A” misdemeanor unless certain aggravating factors are present. One aggravating factor is strangulation, which is defined as “impeding the normal breathing” by applying pressure to the person’s throat or neck or blocking the person’s mouth or nose. If there is an allegation of strangulation against a person in a dating relationship (even if the couple is broken up), or a member of the person’s family or household, assault-family violence will be charged as a third-degree felony, punishable by 2-10 years in prison and a $10,000 fine. 

How are assault family violence cases defended?

The first step to defending an assault-family violence-strangulation case is conducting a thorough investigation of the allegation. This begins with obtaining evidence from prosecutors. In Texas, prosecutors have an obligation to provide the defense with all relevant evidence (not just evidence they intend to use in court). In a domestic violence-strangulation case, the evidence can include police reports, videos, medical records, 911 calls, witness statements and a document called a strangulation supplement. A defense attorney also has the ability to issue subpoenas (court orders) to obtain any evidence that might be helpful to the case.

One of the most common defenses to domestic violence-strangulation cases is self-defense. In Texas, a person generally has a right to use a reasonable amount of force to defend against another person’s unlawful use of force. The right to defend yourself applies equally to unlawful force used by a spouse, dating partner or family member. Where applicable, an experienced criminal defense attorney will attempt to build a self-defense claim using evidence like witness statements, medical records, photographs and even prior violent acts committed by the complaining witness. Another common defense in domestic violence cases is that the accusation is simply false (in these cases, it will often be helpful for the defense to develop a theory for why the accusation was fabricated). 

What bond conditions can you expect in an assault-family violence strangulation case?

In a felony assault-family violence case (including cases involving strangulation), the judge will almost always set bond conditions that prohibit, among other things, the defendant from contacting the alleged victim, their family, or going near their home or place of business. Additionally, there will likely also be a protective order in place that is separate from any bond conditions that the court may set. In Texas, protective orders expire after 60 or 90 days, but bond conditions stay in effect until the end of the case, or until they are modified by a judge. 

It is extremely important that any bond conditions or protective orders be clearly understood and strictly obeyed. In an assault-family violence case, if a person is accused of violating a bond condition or protective order, the person’s bond could get revoked and they could even be held in jail without a bond (this is one of the few situations where a person can legally be denied bond under the Texas Constitution). Additionally, a person could potentially face a charge for violation of a protective order, which is a separate and serious criminal offense. 

Is it possible to get bond conditions in an assault-family violence strangulation case modified? 

Of course, bond conditions that restrict contact with family or prevent a defendant from returning home can be highly problematic. However, in a felony assault-family violence case, it is possible to ask the judge to modify bond conditions or a protective order.

To obtain a modification of a bond condition or protective order, a criminal defense attorney must usually arrange for the defendant and complaining witness to appear in court to ask the judge to make the changes. The judge or prosecutor may wish to ask the alleged victim in the case whether he or she feels safe and actually wants the modification. Modifying a bond condition or protective order is discretionary with the judge and many judges may decline to grant a request, particularly without a “cooling off period” or where injuries are serious.

Can you keep an assault-family violence strangulation case off of your record? How are assault-family violence strangulation cases resolved?

It is possible to protect your freedom and record after an arrest for assault-family violence strangulation. To successfully keep a charge off of your record, however, the goal should be to have your case dismissed or be found not guilty at trial, so that you would be eligible for an expunction of the charge. Unlike many other crimes, assault-family violence cases are not eligible for a non-disclosure (also known as getting your records sealed), even if you successfully complete a deferred adjudication probation.

What happens if I am not a citizen and charged with domestic violence?

If you are not a citizen of the United States and are charged with assault-family violence involving strangulation (or any crime), the consequences can be much more severe as a conviction may negatively impact your immigration status. Although Ceja Law Firm does not practice immigration law, we work closely with the best immigration attorneys in Houston to ensure that our clients’ immigration status is protected. 

If you are charged with assault-family violence in the Houston area, call Ceja Law Firm today for a consultation. Attorney Jose Ceja is a former prosecutor who has helped hundreds of clients charged with domestic violence.