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Collin County Defense Attorneys for Aggravated Domestic Assault with Strangulation Charges

If you face domestic assault charges, contact Rosenthal Kalabus & Therrian immediately to discuss your available options. We might be able to defend you against the charge and get it reduced or dropped.

A domestic assault conviction can lead to severe criminal penalties. It can affect your family, ruin your reputation, and jeopardize your future. Enhanced sentencing might apply if a conviction for aggravated domestic assault or assault with strangulation results.

Rosenthal Kalabus & Therrian will review the circumstances of your case and determine an appropriate defense strategy. We will fight to secure your freedom and get your life back on track. Call us at (972) 369-0577 for a free initial consultation with an experienced Collin County domestic violence attorney.

An Overview of Domestic Assault Crimes in Texas

According to Texas Family Code § 71.004, family violence is

  • A family or household member’s action against another member of the household or family that is meant to result in bodily injury, assault, physical harm, or sexual assault or a threat placing the member in reasonable fear of the imminent act;
  • Abuse by a household or family member toward a child of the household or family; or
  • Dating violence.

Family and household members can include:

  • Current or former roommates
  • Current or former spouses
  • A foster parent and foster child
  • Parents of the same child
  • Relatives by adoption, blood, or marriage
  • Current or former romantic or dating partners

Texas Penal Code § 22.01 defines assault as:

  • Recklessly, intentionally, or knowingly causing another person’s bodily injury, including a spouse;
  • Knowingly or intentionally threatening someone with imminent bodily injury, including a spouse; or
  • Knowingly or intentionally causing physical contact with another person while knowing or reasonably believing they will consider the contact provocative or offensive.

A person commits aggravated domestic assault if they assault a spouse or family member and:

  • Cause serious bodily injury to the spouse or family member; or
  • Exhibit or use a deadly weapon while committing the domestic assault.

Assault with strangulation occurs if a person assaults a member of their household or family and knowingly, intentionally, or recklessly impedes blood circulation or normal breathing by applying pressure to the neck or throat or blocks the mouth or nose.

Domestic Assault Sentencing in Texas

Sentences for domestic assault depend on prior convictions and other circumstances.

Typically, a first-offense domestic assault charge is a class A misdemeanor, punishable by:

  • Up to one year in jail;
  • No more than a $4,000 fine; or

Domestic assault increases to a third-degree felony if a previous domestic assault conviction is on the offender’s criminal record. Penalties for a third-degree felony include:

  • Between two and ten years in the Texas Department of Criminal Justice
  • Up to a $10,000 fine

Aggravated domestic assault is a second-degree felony that can result in sentencing, such as:

  • A maximum of a $10,000 fine
  • Between two and twenty years in the Texas Department of Criminal Justice

However, enhanced sentencing occurs if the assault causes serious bodily harm with a deadly weapon. It can lead to a first-degree felony charge and these penalties upon conviction:

  • No more than a $10,000 fine
  • Five to 99 years or life in the Texas Department of Criminal Justice

Assault with strangulation is a third-degree felony. However, it can become a second-degree felony if there are previous felony convictions other than a state jail felony.

Defending Against Domestic Assault Charges

Multiple strategies can be used to defend against a charge of domestic assault, aggravated domestic assault, or assault with strangulation. Rosenthal Kalabus & Therrian will use a defense strategy we believe is most effective depending on the factors involved in your case.

Committed the Offense Unknowingly or Unintentionally

A prosecutor can’t prove someone committed domestic assault unless the person did it knowingly, recklessly, or intentionally. Maybe you injured a member of your family or household by accident.

Accidents don’t constitute intentional assault. We might be able to use this particular defense strategy if you didn’t intend to harm the victim.

False Allegations

Sometimes, people falsely accuse others of domestic assault. For example, a person might bring domestic assault allegations against their spouse to gain custody of the children.

We might prove the allegations against you are false by obtaining valuable evidence. A solid alibi might get the entire case dismissed. Eyewitnesses and security camera footage can place you at another location when the crime occurred. You might not face a conviction if we can prove you were somewhere else during the assault.

Self-Defense

Self-defense can be a solid defense against domestic assault charges. Although you might have injured another person, the circumstances might have required using physical force to defend yourself.

The evidence must show you believe you faced imminent harm if you didn’t protect yourself from an attack. A member of your household or family might have threatened or lunged at you, and fighting back was the only way to prevent yourself from getting hurt.

Police Misconduct

Law enforcement doesn’t always get it right. Sometimes, they make mistakes or intentionally break the law to obtain evidence against a suspect. A police officer responding to a domestic assault call might side with the victim and arrest the alleged abuser unlawfully.

We can obtain the police report and other documentation associated with your arrest. We will review everything to check for inconsistencies in the arresting officer’s story or evidence of law enforcement violating your rights.

If the police violated your constitutional rights somehow, we might be able to file a motion with the court. For example, we can file a motion to suppress evidence if law enforcement illegally obtained evidence against you. That means the prosecutor won’t be able to present it in court if the judge approves our motion.

Speak to an Experienced Domestic Assault Defense Lawyer Today

Rosenthal Kalabus & Therrian provides aggressive and dependable representation to clients in Collin County. We will protect your rights during the legal process and fight to try to get the charges against you dropped. You can count on us to be your advocate during this scary time in your life and remain by your side until the end.

If you were arrested for or charged with domestic assault with strangulation, call Rosenthal Kalabus & Therrian at (972) 369-0577 for your free consultation to learn more about what we can do for you.

Written by: Rosenthal Kalabus & Therrian Last Updated : November 8, 2022