Assault Family Member by Strangulation in Texas | Houston Attorney

Assault family member by strangulation is a felony in Texas even on a first offense. Applying pressure to the throat or neck — or blocking the nose or mouth — in a way that impedes breathing or circulation turns a misdemeanor family assault into a third-degree felony. Because the law requires no visible injury and no loss of consciousness, these cases are charged aggressively and often rest almost entirely on the accuser's account.

If you or a loved one is facing a strangulation family-violence charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.01(b)(2)(B), an assault against a family or household member or dating partner is a third-degree felony when committed by impeding the normal breathing or blood circulation of the person by applying pressure to the throat or neck, or by blocking the nose or mouth. The State must prove the family relationship and the impeding-breath conduct — but it does not have to prove any lasting injury.

Penalty Range

Circumstance	Offense Level	Punishment
Family assault by strangulation (first offense)	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
With a prior family-violence conviction	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine

Often charged without visible injury

Because the statute requires no marks and no loss of consciousness, strangulation cases frequently hinge on the credibility of a single accuser. That makes a careful, skeptical review of the evidence — and defeating the "impeding breath" element — central to the defense.

How These Cases Are Defended

Challenging the impeding-breath element. If the State cannot prove pressure to the neck or blocking of the airway, the case can drop to misdemeanor Assault Family Member.
Self-defense and defense of others. Force can be justified even in a family setting, especially where the other person was the aggressor.
Credibility and false allegations. With little physical evidence, we expose inconsistencies, motive to fabricate (common in divorce and custody disputes), and recantations.
Medical evidence. We consult the medical records and, where appropriate, experts on what strangulation injuries do and do not look like.
Attacking the evidence. We scrutinize the 911 call, body-camera video, and officer reports for contradictions.

Collateral Consequences

A strangulation conviction is a felony carrying prison exposure, an affirmative finding of family violence, a firearm ban under state and federal law, immigration consequences, and lasting custody and employment effects. The severity makes early, aggressive defense essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors, and Brian served in a Domestic Violence Unit with training in strangulation and impeding-breath cases. If you or a loved one is facing this charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Is strangulation a felony in Texas even on a first offense?

Yes. Under Texas Penal Code § 22.01(b)(2)(B), assault against a family or household member is a third-degree felony — even for a first offense — when it is committed by intentionally, knowingly, or recklessly impeding the normal breathing or blood circulation of the person by applying pressure to the throat or neck or by blocking the nose or mouth. No prior conviction is required.

What does 'impeding breath or circulation' actually mean?

It means applying pressure to the throat or neck, or blocking the nose or mouth, in a way that interferes with normal breathing or blood flow — commonly described as choking. The State does not have to prove the person lost consciousness or had visible marks, which is why these cases often rest heavily on the complainant's account and require careful scrutiny.

What is the punishment for family assault by strangulation?

It is a third-degree felony (2 to 10 years in prison and up to a $10,000 fine) on a first offense. With a prior family-violence conviction, it rises to a second-degree felony (2 to 20 years). A conviction also carries an affirmative finding of family violence with firearm and custody consequences.

How are strangulation allegations defended?

Because these cases frequently lack visible injuries or independent witnesses, they often turn on the credibility of the accuser. We scrutinize the 911 call, body-camera video, medical records, and any inconsistencies, and we raise self-defense, lack of the required conduct, and false or exaggerated allegations. Defeating the 'impeding breath' element can drop the case to misdemeanor assault.

Can the alleged victim drop a strangulation charge?

No. In Texas the State decides whether to prosecute, not the complaining witness. Even if the alleged victim recants, the prosecutor can proceed using the 911 call, photos, and officer testimony — which is why an experienced defense attorney is essential from the start.

Assault Family Member — Strangulation / Impeding Breath