assault by choking

Assault Choking | Impeding Breath | Strangulation | (817) 203-2220

What is Assault by Choking or Assault Strangulation?

Assault, including Assault by Choking, is defined by Penal Code Section 22.01. In Texas, an allegation that a person intentionally, knowingly, or even recklessly impeded the breath or circulation of blood of someone who is considered a family member will give rise to a third-degree felony charge of Assault by Choking or Impeding Breath.

What is Choking or Impeding Breath?

Choking means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to a person's throat or neck or by block the person's nose or mouth.

What if the Victim had No Injuries?

The law does not require bruises, marks, burst capillaries in the eyes (petechiae), or any other type of visible injury for the state to proceed on this charge.

What Level Offense is Choking or Impeding Breath?

This is a third degree felony, unless the person has a prior family violence conviction in which case it is enhanced to a second-degree felony.

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Is Choking a "3g" Offense?

Assault by Impeding Breath or Choking is not a 3g offense. Click here to learn more about 3g offenses. However, the State may allege the item that was used, whether it was hands or rope or some other object, was a deadly weapon. The deadly weapon paragraph, if found to be true, will make the offense a 3g offense.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese