In Texas, assault by strangulation usually means allegations that someone caused bodily injury to a family member, household member, or dating partner while impeding breathing or blood circulation. It is typically charged as a third-degree felony punishable by 2 to 10 years in prison.
Any felony charge can be particularly stressful and overwhelming. A conviction can result in 2 to 10 years in prison and fines of up to $10,000. If there are previous family violence convictions, the charge can be elevated, and the penalties could become more severe.
San Antonio Assault by Strangulation Lawyer
At Michael & Associates, we defend people accused of serious family violence and felony assault charges throughout San Antonio and Bexar County. Assault by strangulation allegations are treated aggressively by prosecutors, often triggering immediate no-contact orders, protective order requests, firearm restrictions, and high-stakes consequences for your family, career, and future.
Our team moves quickly to start building your defense before the prosecution fully shapes the narrative. Because these cases often turn on conflicting accounts, delayed reporting, or disputed claims about what actually happened, thorough defense work can be critical.
Our experienced San Antonio assault lawyers understand that every story has two sides, and we fight to ensure that your side is heard.
Assault by Strangulation Charges in San Antonio, Texas
Under Texas Penal Code § 22.01(b)(2)(B), assault becomes a felony when the allegation involves a family member, household member, or dating partner and the State claims breathing or circulation was impeded.
This charge often appears as Assault Family Violence Impeding Breath or Circulation.
In order for someone to be convicted, prosecutors generally must prove:
- The alleged complainant had a qualifying relationship with the accused.
- The accused intentionally, knowingly, or recklessly caused bodily injury.
- The conduct allegedly involved impeding normal breathing or blood circulation.
A prior qualifying family violence conviction may elevate the charge further.
Prosecutors and law enforcement often treat strangulation allegations as especially serious due to perceived concerns of lethality.
In Bexar County, these cases frequently trigger collateral consequences beyond criminal exposure, including:
- Emergency protective orders
- Child custody complications
- Certain family violence convictions may trigger state or federal firearm restrictions.
- Immigration consequences
- Professional licensing concerns
Texas crime reports don’t list strangulation offenses as a separate public category. This makes it hard to find exact local statistics for these cases.
Section 22.01 of the Texas Penal Code
Texas Penal Code § 22.01 defines assault offenses in Texas.
A person may be accused of assault for allegedly:
- Causing bodily injury to another person
- Threatening another person with imminent bodily injury
- Causing physical contact that is offensive or provocative
Many assault charges are misdemeanors.
Assault by strangulation is more serious.
Under Texas Penal Code § 22.01(b)(2)(B), certain family violence assault allegations are elevated to felony status when prosecutors allege the conduct impeded breathing or circulation by:
- Applying pressure to the throat or neck, or
- Blocking the nose or mouth
Visible injury is not legally required.
This is important because many strangulation cases have little or no clear physical evidence.
Instead, prosecutors may rely on:
- 911 recordings
- Body camera footage
- Statements from the complaining witness
- Photographs taken later
- Medical records
- Witness testimony
- Prior relationship evidence under Texas Code of Criminal Procedure Art. 38.371
Since these cases often rely on interpretation rather than direct physical evidence, starting a defense investigation early is crucial.
Penalties for Assault by Strangulation in Texas
If you are convicted of assault by strangulation, you can face serious criminal penalties and other lasting consequences.
First offense:
- Third-degree felony
- 2 to 10 years in prison
- A fine of up to $10,000
If probation is granted, courts may require:
- Batterer intervention program
- Counseling
- Protective order compliance
- Strict supervision conditions
If there is a prior qualifying family violence conviction:
- Second-degree felony
- 2 to 20 years in prison
- A fine of up to $10,000
Additional consequences may include:
- Federal firearm restrictions
- Professional licensing consequences
- Child custody limitations
- Immigration consequences for non-citizens
- Long-term felony criminal record consequences
Even if the charges are dismissed, the allegations can still cause problems with your job, housing, or family court issues right away.
Defenses to Assault by Strangulation Charges in Texas
An arrest does not mean the State can prove guilt beyond a reasonable doubt.
Many choking charge cases in Texas depend more on statements, recordings, and interpretation than clear physical evidence. A skilled San Antonio domestic violence lawyer will examine whether the evidence actually supports the charge.
Potential defenses include:
- False accusations: Some allegations arise during breakups, custody disputes, or emotionally charged domestic conflicts.
- Self-defense: If the alleged complainant was the aggressor, self-defense may apply under Texas law.
- Mutual combat or unclear aggressor: Police often make fast arrest decisions in volatile situations without seeing the full context. Conflicting accounts can create reasonable doubt.
- Lack of evidence of breathing impairment: An impeding breath felony charge in Texas requires evidence that normal breathing or circulation was allegedly restricted, not just proof of an argument or physical contact.
- Inconsistent witness statements: Differences between 911 calls, police statements, body camera footage, and later testimony can undermine the prosecution’s case.
- Intoxication-related credibility issues: Alcohol can affect memory, perception, and reliability, especially in chaotic domestic incidents.
- Constitutional violations: Illegal searches, Miranda violations, or improperly obtained evidence may be challengeable.
- Unlawful interrogation: If police ignored your request for counsel or obtained statements improperly, that evidence may be suppressed.
Every case depends on the facts, the evidence, and whether the State can legally prove its allegations.
Real-World Outcomes: Assault Family Violence with Strangulation
Charge: Assault by Strangulation
Location: Bexar County Criminal District Court
A young client faced assault by strangulation allegations arising from an incident involving a former dating partner, with potential self-defense context. The complaining witness was reportedly uncooperative with prosecutors.
Result: Dismissal
Charge: Assault by Strangulation
Location: Bexar County Criminal District Court
An active-duty military client was charged following an alcohol-related domestic altercation. The complaining witness did not wish to pursue the case. Defense counsel quickly assembled mitigation materials, including witness documentation and evidence of the client’s military service and commendations.
Result: Dismissal
San Antonio-Area Resources
If you are in immediate danger, call 911.
For longer-term support:
- Family Violence Prevention Services offers residential and non-residential clients shelter, transitional housing, and counseling for adults, children and families.
- Bexar County Family Justice Center provides coordinated services to victims of domestic violence.
- Awaaz offers free, confidential support for all survivors of domestic violence, specializing in care for South Asian communities.
- P.E.A.C.E. Initiative works collaboratively with local institutions, grassroots organizations, and individuals to end family violence, providing prevention education and violence intervention.
- Catholic Charities Archdiocese of San Antonio provides compassionate, faith-driven support, including counseling referrals, behavioral health resources, housing support, and crisis support.
Representing Bexar County Residents against Assault by Strangulation Charges
Michael & Associates defends clients accused of assault by strangulation throughout San Antonio, Bexar County, and surrounding communities.
These cases often move quickly.
Prosecutors may seek protective orders immediately. Evidence can disappear. Witness accounts can shift. Statements made early in the process can become central evidence.
Our defense strategy focuses on:
- Immediate case intervention
- Evidence preservation
- Witness review
- Independent investigation
- Negotiations from a position of strength
- Trial-ready preparation
Our clients work directly with experienced senior defense attorneys, and you’ll get your lawyer’s direct contact information so you can text with questions. Our firm’s founder and managing partner, Ben Michael, is actively involved in every case.
While many criminal cases resolve before trial, we prepare every serious felony allegation as if it will be decided in court.
In 2025, Michael & Associates achieved favorable or partially favorable outcomes in 65% of jury trials, including a 50% outright win rate, according to our internal case data.
We represent clients throughout San Antonio, Bexar County, New Braunfels, Schertz, Converse, Universal City, Live Oak, Leon Valley, Helotes, and the surrounding areas.
Last reviewed for legal accuracy by the attorneys at Michael & Associates, May 2026. Past results do not predict future outcomes.
