The Locke Law Group

How to Win an Assault By Strangulation Case


July 12, 2020

How can a criminal defense attorney help you win an Assault by Choking and Strangulation Case? Why were you charged with Assault by Choking Strangulation when you didn’t strangle or choke anyone?  What does it mean to be charged with Assault by Strangulation? This article will help you understand the answers to these questions so that you can begin to understand your case and the options available to you.

Why was I Charged with Assault by Strangulation/Choking?

Police officers are paid to make arrests. Just like anyone else they strive to do important work. Making arrests for felonies is considered more prestigious than making arrests on misdemeanors. I have represented hundreds of people charged with Assault by Choking and Strangulation, and I have noticed that it is often charged when no choking or strangulation occurred. Usually, the alleged victim tells the police officer that their neck was touched or that they were grabbed around the neck but the officer does not follow up and ask if all the elements of an Assault by Choking and Strangulation were met.

What Does the State have to Prove Before I can be Found Guilty of Assault By Strangulation/Choking?

Before you can be found guilty of ANY crime the State has to prove the elements of that crime beyond a reasonable doubt. It is a criminal defense attorney’s job to convince the State first and then a jury that there is not enough evidence to justify the charges being brought. If the evidence is sufficient the criminal defense attorney should attempt to negotiate a deal that helps the client avoid some of the more serious consequences.

Here, are the elements that the State needs to prove before you can be found guilty of an Assault by Strangulation:

  • A person knowingly, intentionally, or recklessly
  • causes bodily injury to another
  • By impeding the normal breathing or circulation of blood by applying pressure to the throat or the neck or by blocking the nose or mouth of the person.

What Difference does it make if the State alleges a Strangulation or Choking?

If you are accused of domestic violence assault that accusation is a Class A misdemeanor. The maximum punishment is one year in jail or two years of probation/community supervision or deferred adjudication. If, however, the State alleges an Assault by Strangulation or Choking the offense is considered a third-degree felony. The range of punishment is two to ten years in prison and up to ten years of community superversion or deferred adjudication. The difference between misdemeanor domestic violence and Assault by Choking and Strangulation is the difference between a misdemeanor and a felony. If you are convicted of an Assault by Strangulation and Choking you will be a convicted felon.

How does a Criminal Defense Attorney Win an Assault by Strangulation/Choking?

Usually, when police officers are talking to people they are talking to them with the law in mind. However, when people talk to police officers they do not always know what the law says. So, a person might say, “my boyfriend choked me!” But they may not say that with the idea that they stopped the normal breathing or circulation of blood by applying pressure to the neck or throat or by blocking the nose or mouth and causing bodily injury. We dig into the accusations that the State is making. If the alleged victim is willing to work with us we use their cooperation to show the State that the case has been over charged, should not have been filed at all or should be reduced to a misdemeanor.

We have handled hundreds of these domestic violence situations. Usually, people who call the police in domestic violence situations just want the police to keep the peace. They do not want their loved one to experience lifelong consequences as the result of an argument where the police were called. We use these arguments to convince the State to reduce the Felony Assault to a misdemeanor. Also, depending on the State’s evidence we can argue that the case should be dismissed entirely. We use our client’s personal history to show the State that they have overcharged their case and that they should dismiss the case. We have handled hundreds of these cases and we know how to reduce the charges or get these cases dismissed. Every case is different and reading and researching on Google is no substitute for an in person discussion of your case and your goals. Give us a call today!

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About the Author

I believe that good lawyers are good problem solvers. When someone hires me to represent them I consider it a sacred trust. I take my job seriously because I know how much is on the line.