By Graham Norris

A single allegation can redefine your future. In Texas, an accusation of choking or impeding breath within a family or household doesn’t just lead to a standard assault charge—it triggers an immediate, severe legal response.

These allegations are in a category of their own, carrying heightened penalties that reflect how seriously the state pursues them. Grasping what makes these charges different is the first critical step in handling the formidable challenge you now face.

The Unique Severity: An Automatic Felony in Texas

In the landscape of Texas assault law, most charges allow for varying degrees of severity. However, accusations of strangulation or impeding breath against a family member bypass all lower-level classifications. The law mandates a swift and serious upgrade, reflecting the perceived dangerousness of the act. This isn’t a charge that might become a felony; it is one from the very beginning.

• An Immediate Felony: The charge is automatically filed as a third-degree felony, not a misdemeanor. This fundamental shift changes every aspect of your case, from the courtroom it will be held into the potential consequences you face.
• Significant Prison Time: A conviction carries a potential prison sentence ranging from 2 to 10 years in a state penitentiary. The stakes are categorically different from jail time associated with misdemeanors.
• Substantial Financial Penalties: On top of incarceration, the court can impose fines of up to $10,000.
• Aggressive Prosecution: District attorneys often prioritize these cases due to their serious nature, meaning your defense must be equally formidable from the outset.

Potential Pathways and Resolutions in a Strangulation Case

While the charges are severe, an accusation is not a conviction. Several legal pathways exist, and the right strategy depends entirely on the unique facts of your situation. An experienced defense aims not just to fight the charge, but to secure the best possible resolution for your future.

Seeking a Complete Dismissal

A primary goal is often to have the charges dropped entirely before trial. This can be achieved by demonstrating that the evidence does not support the allegation. If your defense can show that a report was false, exaggerated, or made with a motive to lie, or if critical procedural errors undermine the state’s case, a prosecutor may choose to dismiss. Presenting evidence of self-defense or accident directly to the district attorney can also lead to this outcome.

Negotiating a Reduction in Charges

In some cases, the most strategic path is to negotiate a reduction of the felony charge to a lesser offense. An experienced attorney can leverage weaknesses in the prosecution’s evidence—such as a lack of medical corroboration or witness credibility issues—to argue that the facts do not meet the high legal threshold for strangulation. Resolving the case with a misdemeanor plea can avoid the lifelong consequences of a felony conviction, such as the permanent loss of gun rights.

Taking the Case to Trial

If a just settlement cannot be reached, your attorney will prepare to present your defense to a jury. At trial, every aspect of the investigation is scrutinized. Your lawyer will challenge the prosecution’s evidence, present your account of events, and argue that the state has failed to prove its case beyond a reasonable doubt.

Who Qualifies as a “Family Member”? The Broad Texas Definition

Many people mistakenly believe that a “family violence” charge only applies to spouses or romantic partners. Texas law applies a much broader definition, which directly impacts strangulation allegations. The “family violence” label can attach to the charge, triggering enhanced penalties and consequences, based on your relationship to the alleged victim.

More Than Just Spouses or Partners

The law certainly includes current and former romantic partners, parents, children, and siblings. Any allegation of impeding breath within these relationships will be filed under the family violence umbrella, invoking the automatic felony rule.

Roommates, Cousins, and Extended Family

Critically, the definition extends further. According to the Texas Family Code, it can encompass members of the same household, such as roommates, and even certain extended family members like cousins. This means a conflict with a housemate that leads to such an allegation can be charged with the same severity as one between spouses, complete with the lifelong consequences that follow a family violence felony conviction.

Consequences That Reach Far Beyond the Courtroom

A felony conviction for strangulation or impeding breath does not end with the completion of a sentence. It creates a permanent ripple effect that touches nearly every part of your life, creating barriers that last long after any prison term or probation ends.

A conviction will result in the permanent loss of your right to own, possess, or purchase firearms under both state and federal law. This is a non-negotiable consequence of any family violence felony.

Your future opportunities for housing and employment will be severely constrained. A felony record appears on background checks, leading most rental companies and many employers to deny applications outright, closing doors to stability and advancement.

The long-term shadow of a felony includes the loss of voting rights while incarcerated or on parole, challenges in securing loans, professional licensing hurdles, and it can become a central factor in any future child custody or visitation disputes. The record is permanent.

How a Fort Worth Strangulation Defense Lawyer Builds Your Case

Facing this charge requires a defense strategy that is both meticulous and aggressive. An experienced strangulation assault lawyer in Fort Worth will not just react to the prosecution’s case but will proactively work to dismantle it by examining every detail, challenging every assumption, and defending your version of events.

Investigating the “Full Story” and Context

The first and most crucial step is learning what truly happened. This means piecing together the full timeline, the context of the relationship, the communication that led up to the incident, and the specific circumstances in the moment. The emotional state, perceptions, and intentions of everyone involved are not just details—they are often the foundation of an effective defense, especially if self-defense or accident is a factor.

Challenging the Evidence & Witness Credibility

The allegation often rests on witness statements and the narrative in the police report. A thorough defense involves scrutinizing this evidence for inconsistencies, biases, or motives to lie. This includes examining the medical evidence, the procedures followed during the arrest and investigation, and the history of the individuals making the accusations. Successfully challenging the credibility or accuracy of the state’s evidence can create the reasonable doubt needed to protect your future.

Your Future Demands a Powerful Defense: Act Now

The severe, lifelong consequences of a strangulation or impeding breath charge mean that standard legal guidance is not enough. You need an advocate who grasps the full weight of the accusation and possesses the specific skill to dismantle it.

At Norris Legal Group, we provide more than just representation; we provide a strategic defense founded on Dignity, Trust, and Fight. With a proven track record of securing dismissals and favorable outcomes in even the most challenging circumstances, we are prepared to fight for you. Contact Norris Legal Group today for a confidential consultation, and let us start building your defense immediately.