Assault by choking: A felony in Texas

| Aug 21, 2017 | blog |

In Texas, assault by choking or impeding breath is a felony offense that could land you in prison. Fortunately, if you have been falsely accused, there are some things the medical providers and police will look for to make sure the alleged victim is telling the truth. Here are a few signs that may indicate your innocence or other evidence they may seek to pursue criminal charges.

1. Physical signs of choking or assault

One of the first things that the medical team or police will look for are actual physical signs of assault. Choking typically leaves red marks or bruising around the neck. Bruising does not always occur right away, and may develop over the next several days. Additionally, signs of a fight, e.g., scratches, may be present. Other signs of assault like bloodied eyes from the pressure of choking or ragged and raspy breath and speaking voice from damage to the throat and vocal chords are also frequently present following a choking assault.

2. Witness testimonies

It’s also necessary in many cases to have witnesses who can report seeing or hearing an altercation take place. These witness statements back up the alleged victim’s story. With no witnesses, other evidence has to be used to accuse you.

3. Your injuries

One strong defense if you’re accused of choking someone is stating that it was in self-defense. As a result of self- defense, most people would have bruising or injuries as well. If you have signs of assault such as bruising or cuts on your body, these might be helpful in showing that you were protecting yourself or fighting off an attacker. The angle of the injuries as well as other forensic details will help the authorities determine if a charge is necessary in the case, and later, if a trial will be necessary.

Choking someone can lead to time in prison, but the prosecution has to show that you did intend to hurt that individual. With the right defense, you can protect yourself.