McKinney Assault and Strangulation Attorneys
Lawyers Defending Against Assault Charges Involving Strangulation in McKinney, TX
Criminal charges involving assault can vary in severity depending on what allegedly happened during a case. A person who is accused of threatening someone or making offensive contact may face Class B misdemeanor charges, while intentionally inflicting an injury can lead to Class A misdemeanor charges. However, more serious charges may apply if a person is accused of choking or strangling a person while committing assault.
Strangulation is considered to be an especially dangerous form of physical violence, and assault charges involving strangulation are more likely to be classified as felonies. At Texas Defense Firm, our lawyers can help people who have been accused of strangling others while committing assault. We can challenge these accusations, show that a person's actions were lawful, or take other steps to help our clients avoid violent crime convictions and other issues that could affect their lives and relationships.
What May Be Considered Strangulation
In general, strangulation involves purposely choking someone in a way that affects their ability to breathe or holding a person around the neck in a way that cuts off their blood circulation. Multiple types of actions may fall under this definition of strangulation. A person may be accused of putting their hands around someone's neck, putting someone in a chokehold with their arms, or covering a person's mouth and/or nose with their hands, a cloth, or another object. While choking or strangling could potentially cause someone to lose consciousness or leave visible marks on the neck or face, these elements are not required for a person to be accused of strangulation.
Why Strangulation Is Considered to Be Dangerous
Strangulation can put a person's life and overall health at risk. When pressure is placed on a person's neck, unconsciousness can occur within a few seconds as the blood flow to their brain is cut off. Sustained pressure on the neck can cause damage to a person's airways, potentially affecting their ability to breathe and get enough oxygen even after strangulation stops. The longer strangulation lasts, the more likely someone is to suffer severe injuries or permanent harm.
Because of the high risk of death, as well as the possibility of permanent damage to the throat, trachea, blood vessels, brain, and other parts of the body, strangulation is considered to be a dangerous form of assault. Due to these factors, a person accused of strangulation may face harsher penalties when they are charged with assault or another violent crime.
Increased Penalties When Assault Involves Strangulation
Strangulation may be a factor in multiple types of assault cases. Because strangulation is likely to lead to an injury, it may result in Class A misdemeanor charges for simple assault. If a serious bodily injury occurred because of strangulation, such as brain damage that occurred when blood flow was cut off, a person could face aggravated assault charges.
In assault family violence cases, strangulation can lead to increased penalties. If a person has previously been convicted of assault against a family or household member or another similar offense, and a second assault family violence offense allegedly involved strangulation, they may be charged with a third-degree felony or second-degree felony. If a person is accused of committing aggravated assault against a family or household member and taking actions such as strangulation that caused the person to suffer a traumatic brain injury that led to paralysis or a persistent vegetative state, they may be charged with a first-degree felony.
Defense Strategies in Strangulation Cases
Accusations of assault may be based on something that happened during a fight or another chaotic situation. A person who has self-defense training may know how to use chokeholds to subdue others when necessary, but they may be accused of doing so in a way that led to injuries. In these cases, our attorneys can take steps to show that a person was acting in self-defense or to defend others and that they used a chokehold or other methods as a way to prevent a person from causing harm. We can argue that a person's actions were justified and that they acted within the law by using a level of force that was reasonable and necessary.
We may be able to raise other defenses against accusations of strangulation. We may argue that contact was incidental rather than intentional and that a person's actions did not rise to the level of assault. We may also be able to take steps to show that a person was identified incorrectly and that they were accused of assault and strangulation when someone else was the actual perpetrator.
Contact Our McKinney, Texas Strangulation Assault Attorneys
At Texas Defense Firm, we can closely examine the context surrounding an assault accusation involving strangulation. We will review statements by witnesses, any available videos or photos, and medical records documenting the injuries that allegedly occurred because of strangulation. We will work to ensure that all appropriate defenses will be used to help a person avoid a conviction.
Our goal is to resolve these cases effectively while minimizing the effects they may have on a person's life. Contact our McKinney assault and strangulation defense lawyers at 972-369-0577 to discuss a criminal case in a free consultation and learn about the options for defense that may be available.
