Assault by strangulation in Austin, also called “assault impeding breath or circulation,” is a felony under Texas Penal Code § 22.01(b)(2)(B) that involves impeding breathing or blood flow by applying pressure to the throat or neck or blocking the nose or mouth.
It is typically charged as a third-degree felony, punishable by 2 to 10 years in prison, and can be enhanced to a second-degree felony with a prior family violence conviction.
Austin Assault by Strangulation and Family Violence Lawyer
If you’re facing assault by strangulation charges in Austin, here’s what matters most:
- These cases are usually charged as felonies
- Visible injury is not required
- Many cases hinge on statements and limited evidence
These cases move quickly in Travis County. Early action can preserve evidence and protect your record.
At Michael & Associates, our experienced Austin assault lawyers understand how stressful and overwhelming these accusations can feel.
With extensive experience handling assault by strangulation and family violence cases in the Austin area, our firm is committed to protecting your rights and fighting to get you the best possible outcome, whether you're in Austin, Travis County, Round Rock, Georgetown, Leander, or anywhere in the surrounding counties.
Schedule a free case review now.
Assault by Strangulation Charges in Austin, Texas
Assault by strangulation is a felony form of assault defined under Texas Penal Code § 22.01(b)(2)(B). An assault involving a family, household, or dating partner may be charged as a felony if the State alleges and proves that breathing or circulation was impeded.
A prior qualifying family-violence conviction can elevate the charge to a second-degree felony.
Strangulation cases are often treated as high-risk domestic violence, because:
- Many victims lack visible injuries
- Victims have existing relationships with the accused
- There’s a high risk of future violence
In Travis County, these cases are often filed as family violence offenses, which carry additional long-term consequences beyond criminal penalties.
Texas Department of Public Safety (DPS) crime reports follow FBI reporting frameworks that group offenses into standardized categories rather than tracking specific conduct, such as strangulation. Because of this, there is no standalone statistic for strangulation cases.
Section 22.01 of the Texas Penal Code
Section 22.01 of the Texas Penal Code defines all types of assault offenses in Texas, including causing bodily injury, making threats, or engaging in offensive physical contact.
Texas law defines assault as:
- Causing bodily injury to another person
- Threatening another person with bodily injury
- Causing offensive or provocative physical contact
These offenses are often charged as misdemeanors, depending on the facts and any applicable enhancements.
Texas Penal Code § 22.01(b)(2)(B)
Texas Penal Code § 22.01(b)(2)(B) defines a felony-level assault when certain conditions are met.
Under § 22.01(b)(2)(B) (and related provisions), an assault becomes a third-degree felony if:
- The alleged victim is a family member, household member, or dating partner, and
- The defendant impedes breathing or circulation (choking, strangling, or similar conduct)
This applies even with no prior record.
Unlike standard assault charges, this provision elevates an assault charge to a felony, even in cases involving incidents in which visible injury is minimal or absent. Medical research from the National Institutes of Health has shown that strangulation can cause serious internal injury or delayed death even without visible marks.
Prosecutors in Travis County often rely on:
- Statements from the alleged victim
- 911 recordings
- Body camera footage
- Photos that are taken hours or even days later
- Prior relationship history under Texas Code of Criminal Procedure Art. 38.371
Penalties for Assault by Strangulation in Texas
The consequences of an assault by strangulation conviction can be severe and long-lasting:
First offense:
- Third-degree felony charge
- 2 to 10 years in prison
- Up to $10,000 in fines
Additionally, courts may require participation in family violence programs, especially as a condition of probation.
If a defendant has a prior family violence conviction, penalties can include:
- Second-degree felony charge
- 2 to 20 years in prison
- Up to $10,000 in fines
Additional requirements may include:
- Court-ordered fees or program participation related to family violence intervention
- Typically results in a federal lifetime firearm prohibition under 18 U.S.C. § 922(g)(9)
- Limits on professional licensing
- Restrictions in child custody or family court proceedings
- May have serious immigration consequences (for non-U.S. citizens)
A felony conviction can also follow you indefinitely, affecting background checks and future opportunities.
Real-World Outcomes: Assault Family Violence with Strangulation
Police responded to a domestic dispute after a relative called 911. The complainant alleged strangulation, and our client was arrested on a family violence charge. We launched an immediate investigation, securing video showing the complainant lunging toward the phone and following our client, along with messages documenting our client’s attempts to get help and leave. We documented our client’s injuries and showed how the allegation conflicted with the recording. Outcome: Dismissal.
Austin-Area Resources
- The SAFE Alliance: Austin’s primary source for domestic violence and high-risk assault cases, offers help with strangulation cases, safety planning, and medical referrals. They also offer emergency shelter, legal advocacy, counseling, and forensic services.
- Austin Police Department Victim Services Division: Connects victims to shelters and counseling, and helps with protective orders and navigating criminal cases.
- Asian Family Support Services of Austin: Offers safety planning, long-term support, and a 24/7 multilingual crisis hotline: 877-281-8371
- Hope Alliance: Located in Round Rock, this agency provides emergency shelter, counseling, and legal advocacy across the greater Austin area, particularly north of the city.
Notes: Reviewed for accuracy under Texas law: April 2026. Past case results do not guarantee future outcomes
Representing Travis County Residents against Assault by Strangulation Charges
Michael & Associates represents individuals across Travis County who are facing serious family violence allegations, including assault by strangulation.
In many cases, these charges rely heavily on statements rather than physical evidence. We start with a thorough investigation and review of all evidence, and provide clear updates and advice from the initial consultation through pretrial hearings, court appearances, and trial, so clients always know what to expect and what steps to take.
We have the resources of a large firm, but personalized attention is one of our goals: Your case is never passed around from attorney to attorney. You’ll work directly with the same lawyer until your case is resolved.
While many cases resolve before trial, we prepare every case as if it will go the distance. In 2025, we achieved favorable or partially favorable outcomes in 65% of jury trials, including a 50% outright win rate.
We handle cases across Austin, Travis County, and the surrounding areas, including Williamson County, Round Rock, Leander, and Dripping Springs.
