Texas Assault by Strangulation Cases: Penalties and Defenses (2025)

Texas assault by strangulation cases can be intense to handle, and even more intense for the defendant facing the charges. If you are currently facing assault by strangulation charges, it is crucial to reach out for legal help as soon as possible. A defense attorney can provide support and guidance in many ways, from helping with paperwork to guiding you through the process of going to court and preparing beforehand.

Assault by strangulation can oftentimes result in serious damage to the victim. Because of this, convicted individuals can expect to receive harsher sentences. However, when the right steps are taken, you may be able to reduce such sentencing. Regardless of your circumstances, an experienced lawyer can guide you through the process and help you each step of the way.

Penalties for Assault by Strangulation

In 2023, misdemeanor assault filings in Texas increased by 12%, meaning that filings have been on the rise. The penalty an individual receives for assault by strangulation will depend on the specific details of their case. The type of classification their crime receives will have an impact on the consequences, as outlined below: 

• Class A Misdemeanor: A fine of up to $4,000 and up to 1 year in jail
• Third-Degree Felony: Between 2 and 10 years in prison, and a fine of up to $10,000
• Second-Degree Felony: Between 2 and 20 years in prison, and a fine of up to $10,000
• First-Degree Felony: Between 5 years and life in prison, and a fine of up to $10,000
• Capital Felony: Life without parole or death penalty

The range of punishments depends on the severity of the crime and the condition of the victim. A Class A misdemeanor is reserved for crimes that do not result in life-changing injuries, while capital felonies are for individuals whose actions resulted in the loss of the life of another individual. Oftentimes, the classification of a person’s crime is determined in court, after all the evidence has been presented.

Defenses for Assault by Strangulation

The defense strategy your lawyer chooses will be up to their discretion and the specific details surrounding your case. For example, if the prosecution has a wide scope of physical evidence against you, your defense strategy may be almost completely designed to fight those facts. If the evidence against you is based on witness statements, your lawyer may take a different approach.

The U.S. prison population increased by 2% in 2022, strengthening the argument for why individuals who are charged with serious crimes need strong defense attorneys. The local Katy Police Department, located at 5456 Franz Rd, Katy, TX 77493, is known for pursuing criminal cases with intensity and passion. When there is strong evidence against you, only an experienced criminal defense attorney can craft a defense to withstand their tactics.

Why Choose Us?

If you have been charged with assault by strangulation in Texas, hiring the right defense attorney is the first important step to take. At Segura & Kiatta, we have over 20 years of experience in defending clients just like you. We understand and have experience in both defense law and prosecution law, which allows us a unique advantage in the courtroom. We have represented clients facing misdemeanor and felony charges, which equips us to handle your case, too.

FAQs

What Elements Are Necessary for Proof That an Assault Occurred?

There are various types of evidence that can be used for proof that an assault occurred. Physical evidence is usually more solid than other types, because it can be linked to DNA or other material facts that are indisputable. Other types of helpful evidence can include witness statements, the victim’s testimony, and digital evidence such as text messages or emails. Many cases will have elements of more than one type of evidence.

What Is the Average Sentence for Strangulation?

Strangulation cases are often treated as assault because the definition of assault is causing bodily damage to another individual. The charge may also be graduated to aggravated assault if the circumstances allow for it. An assault may be classified as a felony or misdemeanor, each carrying its own sentencing timelines. A Class A misdemeanor can result in up to 1 year of jail time, while a felony can result in up to life in prison without parole.

Can You Go to Jail for Threatening Someone in Texas?

It is possible for someone to go to jail for threatening someone else in Texas. Depending on the circumstances of your case, you may be charged with stalking, harassment, or threatening someone, all of which can result in time in jail. The penalty for someone charged with threatening an individual can vary depending on multiple factors, such as the intention behind the threat and whether or not any actions were taken following the threat.

How Can a Texas Assault Lawyer Help?

If you are facing charges for assault in Texas, a defense attorney can help in many ways. In addition to representing you in court, they can gather evidence, witness statements, your official testimony, and perform other tasks that may prove to be crucial in the defense of your case. While there is no guarantee you will have your charges dropped, hiring a defense attorney is one step towards such a scenario becoming a reality.

Hire an Assault Lawyer: Segura & Kiatta

If you have been charged with assault in Texas, it is vital to understand that the penalties may be severe if you are convicted. In 2021, the state of Texas saw the largest decline in crimes in the area of assault, with a 62% decline over a 5-year period. Law enforcement in Texas is adamant about maintaining such statistics and will therefore not treat assault cases casually. Because of this, it is crucial to hire an assault lawyer who is experienced and equipped.

At Segura & Kiatta, we are more than ready to take on your case. With our combination of experience and compassion, we can help you prepare for your day in court and navigate each complex moment before that day comes. Contact us today to learn more about who we are and how we can help, and to ask any questions you may have. We look forward to hearing from you.