In Texas, the courts treat domestic violence against a family member, dating partner, or a household member as a serious matter. Conviction for domestic violence assault in Houston can result in jail time, fines and probation. A felony conviction can be used against you when you look for job, try to get a place to live, get charged in another crime or in a child custody hearing.
The state of Texas defines assault as defined as intentionally or recklessly causing or threatening bodily injury, or intentionally causing physical contact that the other person might reasonably find offensive.
Family violence assault cases are typically prosecuted as a Class A Misdemeanor. The punishment for being convicted of a Class A misdemeanor include up to 1 year in a county jail and/or a fine of not more than $4,000.
Family Violence Assault Choking is a 3rd Degree Felony in Texas
Under certain circumstances family violence charges could be upgraded to a 3rd degree felony. Defendants convicted of a 3rd degree felony face 2-10 years in prison and/or fines up to $10,000.
Choking someone during a family violence assault can result in the accused person being charged with a 3rd degree felony. This offense is committed when someone intentionally, knowingly, or recklessly impedes the normal breathing or circulation of the blood of a person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. This includes putting someone in a “headlock,” putting hands around someone’s throat, covering someone’s mouth or nose, putting a bag over someone’s head, and other actions designed to choke or suffocate another person.
An Experienced Criminal Defense Lawyer Can Mean the Difference Between Being Found Guilty or Innocent
If you have been accused of family violence assault and have had the charges elevated because choking was involved, legal representation by an experienced Houston assault family violence defense attorney can greatly increase the chances of getting the charges reduced or even dismissed.
Houston assault family violence lawyer Lisa Shapiro Strauss has been aggressively defending the rights of those accused of assault and other domestic violence. Her experience as both a prosecutor and criminal defense lawyer gives her the unique knowledge and insight to achieve the best results for her clients.
The outcome to a felony family assault charge in Houston depends on many factors. Your criminal history can result in serious penalties; repeat and habitual offenders may be sentenced to life in prison. A prior conviction for assault family violence (either misdemeanor or felony), could result in 2nd degree felony charges if the new case involves choking or otherwise impeding breathing. Penalties for a 2nd degree felony include up to 20 years in prison and up to a $10,000 fine.
Assault Family Violence Choking Criminal Defense Attorney in Houston
No matter how bad your situation may seem, there is always hope. Remember, the prosecutor must prove that you are guilty beyond a reasonable doubt. A skilled criminal defense lawyer like Lisa Shapiro Strauss will be able to thoroughly analyze the evidence in your case to look for flaws in the prosecutor’s case. This could mean the difference between a guilty or innocent verdict.
If you have been charged with assault on a family member or other domestic violence in Houston, don’t hesitate to reach out to Lisa Shapiro Strauss for assistance. Call Lisa at 713-449-9922 to schedule a free consultation meeting. We’ll discuss the facts in your case and determine what legal strategy will achieve the best outcome in your case.