Dallas Assault by Strangulation Lawyer | Fight Felony Charges

Arrested for Assault by Strangulation in Dallas? Act Fast

The hours immediately following an arrest for assault family violence impeding breathing determine the trajectory of your entire case. Prosecutors move quickly in Dallas County, and the evidence they collect during this critical window—inconsistent statements you make to police, your compliance with bond conditions, deleted text messages—can make or break your defense.

If you’ve been arrested or are under investigation, follow these steps immediately:

• Do not speak to investigators without an attorney present—anything you say will be used to prove intent, regardless of context
• Preserve all evidence that supports your version of events—text messages, voicemails, Ring doorbell footage, witness names
• Comply strictly with all bond conditions—even accidental contact with the alleged victim can result in bond revocation and additional charges
• Avoid social media posts about the incident—prosecutors routinely subpoena Facebook, Instagram, and Snapchat records
• Do not attempt to “fix things” by contacting the alleged victim—this violates protective orders and gives prosecutors leverage

Every day you wait to secure experienced defense counsel is a day the prosecution gets stronger. Contact our Dallas criminal defense lawyers at (972) 528-0116 before your next court date.

What Is Assault by Strangulation Under Texas Law?

Texas Penal Code § 22.01(b)(2)(B) elevates what would otherwise be a misdemeanor assault to a third-degree felony when the alleged conduct involves intentionally, knowingly, or recklessly impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by blocking the nose or mouth—and the alleged victim is someone you have (or had) a family, household, or dating relationship with.

This statute is written broadly. Prosecutors don’t need to prove visible injuries, unconsciousness, or medical treatment. They only need to establish that your actions could have restricted breathing or blood flow, even momentarily.

What “Impeding Breathing or Circulation” Means

Under Texas law, “impeding breathing or circulation” doesn’t require proof of strangulation in the medical sense. The prosecution must show that you:

• Applied pressure to the complainant’s throat or neck, or
• Blocked their nose or mouth in a way that restricted airflow or blood flow

✓ No visible injuries required—redness, bruising, or petechiae (burst blood vessels) strengthen the State’s case, but prosecutors routinely file charges based solely on the complainant’s verbal account

✓ No loss of consciousness required—even brief restriction counts

✓ No medical examination required—though prosecutors often use emergency room records when available

This means that in emotionally charged domestic disputes where physical contact occurred, law enforcement and prosecutors default to filing the most serious charge the facts can support—even when the evidence is thin.

Who Counts as a Family, Household, or Dating Partner

The felony enhancement only applies when the alleged victim falls into one of these categories under Texas Family Code Chapter 71:

Dallas County prosecutors interpret “dating relationship” broadly. Even if you never lived together or considered the relationship serious, the State may argue that repeated contact, intimacy, or romantic communication establishes the required connection.

Source: Texas Family Code § 71.0021 (defining “dating relationship”), available at Texas Legislature Online.

Why This Charge Is Treated as Felony Family Violence

Texas lawmakers created the felony strangulation statute in 2009 after research from the National Domestic Violence Hotline and Texas Council on Family Violence showed that non-fatal strangulation is one of the strongest predictors of future lethal violence in domestic abuse cases. As a result, police and prosecutors in Dallas County treat every allegation of choking, strangling, or impeding breathing as a serious felony—regardless of whether the incident involved ongoing abuse or a one-time argument that escalated.

This means even first-time offenders with no prior criminal history face prison-range punishment and lifelong collateral consequences if convicted.

Is Assault by Strangulation a Felony in Texas?

Yes. Assault family violence by impeding breathing or circulation is always charged as a third-degree felony under Texas Penal Code § 22.01(b)(2)(B). Unlike other assault charges where the severity depends on injury or weapon use, strangulation allegations automatically jump to felony status based solely on the nature of the act—regardless of outcome.

Third-Degree Felony Penalties

If convicted of assault by strangulation in Dallas County, you face:

Prison: 2 to 10 years in a Texas Department of Criminal Justice facility
Fine: Up to $10,000
Probation: Possible alternative to prison (typically 5-10 years, with strict conditions including batterer’s intervention programs)
Permanent criminal record: Felony conviction that cannot be sealed or expunged if there is a finding of guilt

Even if you receive probation instead of prison time, the conviction remains a felony family violence offense, which triggers additional consequences beyond the sentence itself.

When the Charge May Be Enhanced

Your exposure increases significantly if:

• Prior family violence conviction exists—even a misdemeanor—prosecutors may file this as a second-degree felony (2-20 years)
• Multiple victims or incidents—separate charges can be stacked, leading to consecutive sentences
• Violation of protective order occurred simultaneously—separate charge that can be filed alongside the assault
• Child was present during the incident—not a formal enhancement, but judges impose harsher sentences and probation is less likely

Dallas County Prosecution Data: According to the Dallas County District Attorney’s Office, the Family Violence Division handles thousands of felony family violence cases each year. Dismissal rates for strangulation charges are lower than other assault offenses because prosecutors view these cases as high-priority public safety matters.

Collateral Consequences of a Conviction

The legal penalties are only the beginning. A felony family violence conviction triggers a cascade of lifetime consequences that many defendants don’t anticipate:

• Federal firearm prohibition—you permanently lose the right to own or possess firearms under 18 U.S.C. § 922(g)(9)

   

• Employment barriers—professional licenses (nursing, teaching, law enforcement, real estate) may be suspended or revoked
• Housing restrictions—many landlords reject applicants with felony family violence convictions
• Custody and visitation impact—family courts consider felony family violence convictions in determining the “best interest of the child”
• Immigration consequences—non-citizens face deportation, visa denial, and barriers to naturalization (family violence is a deportable offense)
• Protective order eligibility—conviction makes it easier for the alleged victim to obtain a long-term protective order

These consequences persist even if you successfully complete probation. The only way to avoid them is to fight the charge and win—through dismissal, reduction, or acquittal.

How a Dallas Assault by Strangulation Lawyer Can Defend Your Case

Prosecutors treat strangulation cases as top-priority files, but that doesn’t mean the evidence against you is strong. At the Law Offices of Richard C. McConathy, we’ve secured 1,000+ dismissals and reductions in Dallas County by attacking the weakest points in the State’s case early and aggressively.

Challenging Weak or Missing Evidence

The State must prove beyond a reasonable doubt that you impeded breathing or circulation. That means:

✓ Proving your conduct caused the impairment (not fear, not pain, but actual restriction)
✓ Proving you acted intentionally, knowingly, or recklessly (accidents don’t count)
✓ Proving the alleged victim qualifies under family/dating definitions

Common defense strategies include:

• Lack of corroborating physical evidence—if there are no photos, no medical records, no 911 call recordings of breathing difficulty, the case often relies entirely on the complainant’s word against yours
• Contradictory digital evidence—text messages sent immediately after the alleged incident showing the complainant was unharmed or threatening to “call the cops” to gain advantage in a custody dispute
• Body cam footage inconsistencies—police body cameras often capture the alleged victim’s demeanor, statements, and physical appearance at the scene; if the footage contradicts later claims made to prosecutors, we use it to undermine credibility
• Absence of medical findings—if the alleged victim went to the ER but doctors found no petechiae, no ligature marks, no hoarseness, and no difficulty swallowing, the medical records become defense exhibits

Contradictory Statements and Credibility Issues

Family violence allegations often arise in emotionally charged environments where both parties may have reasons to exaggerate or lie. Prosecutors know this, but they also know that juries are hesitant to second-guess alleged victims without strong counter-evidence.

Our approach includes:

• Comparing multiple accounts—what the alleged victim said in the 911 call vs. to the responding officer vs. in the written statement vs. to the detective vs. in court
• Subpoenaing jail call recordings—defendants often make recorded calls from jail immediately after arrest; we also subpoena the alleged victim’s calls, which sometimes reveal coaching by family members or admissions that the incident was exaggerated
• Social media and digital forensics—public posts, private messages, dating app conversations, and deleted content (recoverable through subpoena) that contradict the State’s narrative
• Witness interviews—neighbors who heard the argument, friends who spoke with either party shortly after the incident, or children (carefully, with court approval) who were present

Self-Defense, Defense of Others, and Lack of Intent

Texas law permits the use of force to protect yourself or someone else from imminent harm. If you were the one being attacked and you acted to defend yourself, that is a complete defense to assault by strangulation—even if your defensive actions briefly restricted the attacker’s breathing.

Key legal standards:

✓ You must reasonably believe force is immediately necessary to protect yourself or another from unlawful force

✓ The force you use must be proportional to the threat (but you’re not required to retreat in your own home under Texas “stand your ground” law)

✓ You cannot claim self-defense if you provoked the violence (but verbal arguments alone don’t count as provocation)

We also defend cases where no strangulation occurred at all:

• Physical contact happened, but there was no pressure to the throat or obstruction of airways
• The alleged victim fabricated or exaggerated the claim to gain advantage in a divorce or custody battle
• You were misidentified or falsely accused by someone with a motive to lie (prior disputes over money, property, children)
  
  

Negotiation, Motions, Trial, and Record Options

Our defense strategy is case-specific, but the most common paths to resolution include:

Pre-trial motions:

• Motion to suppress statements made without Miranda warnings
• Motion to quash defective indictment or insufficient probable cause
• Motion to suppress evidence obtained through illegal search

Grand jury presentations:

• In some cases, we present evidence directly to the grand jury before indictment to prevent charges from being filed (Texas Code of Criminal Procedure Article 20.09 allows “grand jury packets”)

Negotiated outcomes:

• Reduction to misdemeanor assault (if prosecution’s evidence is weak or victim recants)
• Dismissal in exchange for completion of anger management or counseling (not an admission of guilt)
• Deferred adjudication probation (not available for family violence, but sometimes prosecution agrees to reclassify the offense)

Trial:

• Jury trial with aggressive cross-examination of the alleged victim and introduction of defense evidence
• Bench trial (if the judge has a reputation for being more skeptical of uncorroborated family violence claims)

Record-clearing options:

• Expunction if charges are dismissed or you’re acquitted
• Petition for non-disclosure if you receive deferred adjudication on a reduced charge (though not available for family violence convictions)

What Happens After an Arrest in Dallas County?

Here’s what to expect after an assault by strangulation arrest in Dallas County.

Booking, Magistrate Hearing, and Bond

Timeline:

1. Arrest and transport → You’re taken to the Lew Sterrett Justice Center (Dallas County Jail) at 111 West Commerce Street, Dallas, TX 75202 (across from the Frank Crowley Courts Building, near Reunion Tower and the Triple Underpass) or a local police station for initial processing
2. Booking process → Fingerprints, photographs, criminal history check (typically 2-4 hours)—you’ll be held in a holding cell during this time
3. Magistrate hearing → Within 48 hours (usually within 12-24 hours on weekdays), a magistrate judge appears via video link from the Frank Crowley Courts Building to read your charges, inform you of your rights under Article 15.17 of the Texas Code of Criminal Procedure, and set bond

Bond amounts for third-degree felony assault by strangulation in Dallas County typically range from $10,000 to $50,000, depending on:

• Prior criminal history
• Flight risk assessment
• Whether the alleged victim was injured
• Whether you have stable employment and ties to the community

If you post bond (10% cash or full bond through a bondsman):

• You’ll be released from the North Tower lobby entrance at the Lew Sterrett Justice Center
• Family members picking you up should park in the public lot across Riverfront Blvd. (metered parking, bring quarters) or use the paid lot adjacent to the jail ($10 flat rate)
• Personal property held during booking can be retrieved at the same location—bring ID

Source: Dallas County Jail Records are publicly searchable. Family members and defense attorneys can check booking status and bond amounts online or by calling the jail information line at (214) 761-9025.

Emergency Protective Orders and No-Contact Conditions

At the magistrate hearing, the judge will almost certainly issue an Emergency Protective Order (EPO) prohibiting you from:

• Contacting the alleged victim directly or indirectly (including through third parties)
• Going near the alleged victim’s home, workplace, or children’s school
• Possessing firearms

The EPO is typically valid for 31 to 61 days, but it can be extended if the alleged victim seeks a full protective order through civil court.

Violating a protective order is a separate criminal offense (Class A misdemeanor or felony if you’ve been convicted of violating a protective order before). Even if the alleged victim contacts you and asks you to come over, you cannot comply—the order prohibits you from contact regardless of who initiates it.

The alleged victim can also seek a permanent protective order through the Dallas County Family District Courts (George Allen Sr. Courts Building, 600 Commerce St., Dallas, TX 75202). If granted after a hearing, the protective order can last up to two years and creates additional barriers to reconciliation or co-parenting.

If you’re served with protective order papers:

• You’ll receive a hearing notice requiring you to appear in one of the Family District Courts (typically within 14 days)
• The hearing determines whether a two-year protective order will be issued
• You have the right to contest the order, present evidence, and cross-examine the applicant
• Bring your criminal defense attorney or hire separate family law counsel—protective order hearings create testimony that prosecutors use in the criminal case

Protective Order Hearings Location: George Allen Sr. Courts Building, 600 Commerce St., 2nd Floor (Family Violence Protective Order Docket). Free public parking is limited; paid parking is available at nearby lots on Akard Street and Market Street.

The Felony Court Process in Dallas County

Assault by strangulation cases in Dallas County are handled by the Criminal District Courts located in the Frank Crowley Courts Building at 133 N. Riverfront Blvd., Dallas, TX 75207 (directly across from the Lew Sterrett Justice Center, near the Margaret Hunt Hill Bridge and the Dallas County Records Building).

Your case will be assigned to one of 14 felony courts and prosecuted by the Family Violence Division of the Dallas County District Attorney’s Office on the 5th floor.

Typical timeline:

What to expect at arraignment:

Your first court appearance (arraignment) typically takes place in your assigned felony courtroom. Here’s what happens:

• Arrive early—Court starts at 9:00 a.m. sharp; plan to arrive by 8:30 a.m. to go through metal detectors and find your courtroom
• Check the docket—Large screens outside each courtroom show the day’s cases; find your name and case number
• Parking—Public parking garage is located at 110 N. Industrial Blvd. (entrance on Industrial between Riverfront and Commerce); rates are $2/hour or $10/day maximum. Arrive by 8:15 a.m. to secure parking.
• Dress code—Business casual or better; avoid shorts, tank tops, hats, or clothing with profane messages (bailiffs will turn you away)
• The proceeding itself—The judge calls your case by name and case number, reads the indictment (formal charges), asks if you’ve hired a lawyer, and asks how you plead. With your attorney present, you’ll enter a “not guilty” plea, and the judge will set the next court date.

If you’re still on bond:

• Check in with the court clerk when you arrive (clerk’s desk is at the front of the courtroom)
• Stay in or near the courtroom until your case is called—judges issue warrants if you leave before being called
• Bring a copy of your bond paperwork in case there are questions about your bond conditions

📋 Forms and documents you may encounter:

• Conditions of Bond form—Lists restrictions (no contact, stay away from victim’s residence, no firearms, report to pretrial services)
• Felony Information Sheet—Form requiring you to update your address, phone, and employment with the court every 30 days while on bond
• Pretrial Services reporting instructions—If ordered by the judge, you’ll report to Dallas County Pretrial Services on the 7th floor of Frank Crowley monthly or as directed

Dallas County specifics:

• The Dallas County DA’s Office Family Violence Division prosecutes these cases aggressively—they rarely dismiss charges even when the alleged victim recants
• Dallas County judges routinely impose batterer’s intervention program (BIP) requirements as a probation condition, even in cases where family violence is disputed
• Protective orders issued in Dallas County are enforced statewide under Texas Family Code Chapter 85
• Many Dallas felony judges require defendants on bond to report to pretrial services and submit to random drug/alcohol testing

Why Early Intervention Matters

The single most important decision you make after an assault by strangulation arrest is when you hire a defense lawyer. Waiting until arraignment or your first court date means:

❌ Evidence disappears—text messages are deleted, witnesses forget details, video footage is overwritten

❌ The alleged victim’s story solidifies—what starts as a vague, emotional accusation becomes a polished narrative after multiple interviews with detectives and victim advocates

❌ You miss opportunities to prevent indictment—presenting exculpatory evidence to the grand jury or DA before formal charges are filed

🏛️ Dallas County Courthouse Practical Tips:

If you’re navigating the Frank Crowley Courts Building for the first time, here’s what helps:

• Security screening takes time—Metal detectors are at the main entrance; leave pocket knives, scissors, or anything sharp at home (sheriff’s deputies will confiscate prohibited items)
  
  
• Cell phones are allowed—Unlike some Texas counties, Dallas County permits cell phones inside the courthouse, but keep them silenced in courtrooms
  
  
• Check-in with the court clerk—When you arrive for a court setting, check in at the clerk’s desk inside your assigned courtroom (usually located at the front right side near the judge’s bench)
  
  
• Courtroom etiquette—Stand when the judge enters or leaves, address the judge as “Your Honor,” and do not speak unless asked a direct question
  
  
• Nearby food and services—The courthouse has limited vending machines on the 1st floor. For meals, West End Marketplace (less than half a mile east) has several restaurants. There’s also a Subway sandwich shop within walking distance on Commerce Street.
  
  

Speak with our assault by strangulation attorneys at (972) 528-0116 immediately after your arrest, not weeks later.

Why Choose Our Dallas Felony Defense Team

When your freedom, your family, and your future are on the line, you need a defense team with proven results in Dallas County courts. The Law Offices of Richard C. McConathy has been defending serious felony charges—including assault family violence impeding breathing—for over 35 years.

35+ Years of Combined Criminal Defense Experience

Attorney Richard C. McConathy has defended criminal cases in Dallas County since 2002 and has been the managing member of the firm since 2008. He earned his Juris Doctor from Texas Wesleyan University School of Law and holds a Bachelor of Science degree in Criminal Justice from the University of North Texas. Richard is an active member of the Dallas Criminal Defense Lawyers’ Association and the Texas Criminal Lawyers’ Association.

Our firm’s history of defending assault cases in Dallas County gives us an advantage:

✓ We know the prosecutors in the Family Violence Division and understand their case evaluation process
✓ We know which judges are more likely to grant motions to suppress or dismiss
✓ We know how to present mitigation evidence that resonates with Dallas County juries

6,000+ Criminal Cases Handled, 1,000+ Dismissals

The attorneys at the Law Offices of Richard C. McConathy have handled more than 6,000 criminal cases across Dallas County and North Texas. We’ve secured over 1,000 dismissals and reductions, including hundreds of assault family violence cases where prosecutors initially pursued felony charges.

Note: Past results do not guarantee future outcomes. Each case depends on its specific facts and evidence.

Dallas County and Broader North Texas Coverage

We defend assault by strangulation charges throughout:

• Dallas County
• Collin County
• Denton County
• Tarrant County
• Rockwall County
• Kaufman County
• Ellis County
• And 9 additional North Texas counties

Serving 16 counties across the Dallas-Fort Worth metroplex means we’re never far from your court date, your jail visit, or your urgent legal emergency.

Immediate Action After Arrest

We answer calls 24/7 and can often arrange jail visits within hours of your arrest. Our team moves immediately to:

1. Secure your release on bond (or advocate for bond reduction if initial amounts are excessive)
2. Preserve evidence before it’s lost or destroyed
3. Interview witnesses while memories are fresh
4. Begin building your defense strategy before the prosecution finalizes theirs

Trial-Ready Approach

While negotiation is often the smart path, we prepare every case as if it’s going to trial—because prosecutors offer better deals when they know we’re not afraid to pick a jury.

Our trial preparation includes:

• Retaining expert witnesses (forensic specialists, medical experts, psychologists) when necessary
• Conducting independent investigations and witness interviews
• Filing aggressive pre-trial motions to suppress evidence or dismiss charges
• Developing compelling jury themes that humanize our clients and expose weaknesses in the State’s case

Related Assault and Family Violence Charges We Defend

Assault by strangulation charges are often filed alongside other criminal offenses. Our Dallas criminal defense lawyers defend:

• Assault charges (misdemeanor and felony)
• Domestic assault (including repeat offenses)
• Aggravated domestic assault (serious bodily injury or weapon use)
• Assault causing bodily injury to a family member
• Continuous violence against the family (repeat offenses within 12 months)
• Violation of protective order
• Terroristic threat (family violence context)

Call (972) 528-0116 if you’re under investigation or have been arrested for any family violence offense in Dallas County.

Contact a Dallas Assault by Strangulation Lawyer Today

Don’t face felony family violence charges alone. The consequences extend far beyond prison—affecting your family relationships, career, constitutional rights, and future opportunities.

Call (972) 528-0116 now for a confidential case review. We answer 24/7 and can meet with you immediately after your arrest.

When you call, expect:

• A frank assessment of your case based on the charges and evidence
• Clear explanations of your defense options
• Immediate action to protect your rights and preserve evidence
• No judgment—just experienced legal counsel when you need it most

FAQs

Is assault by strangulation a felony in Texas?

Yes. Under Texas Penal Code § 22.01(b)(2)(B), assault family violence by impeding breathing or circulation is always a third-degree felony, punishable by 2-10 years in prison and up to a $10,000 fine, regardless of whether injuries occurred.

What does impeding breathing or circulation mean under Texas law?

It means applying pressure to someone’s throat or neck, or blocking their nose or mouth in a way that restricts airflow or blood flow. Prosecutors only need to show your actions could have restricted breathing, even momentarily—visible injuries strengthen their case but aren’t required.

Can assault by strangulation charges be dropped?

Yes, but it’s rare. Assault by strangulation charges in Dallas County can be dismissed if:

• The alleged victim recants and prosecutors determine the case cannot be proven beyond a reasonable doubt
• Defense counsel presents exculpatory evidence (texts, videos, witness statements) that undermines the State’s case
• Police violated your constitutional rights during the investigation (illegal search, coerced confession, failure to give Miranda warnings)
• The grand jury refuses to indict after reviewing defense evidence

Important: Even if the alleged victim wants charges dropped, prosecutors in Dallas County’s Family Violence Division often proceed anyway. The decision to dismiss belongs to the State, not the alleged victim.

What evidence is used in a Dallas strangulation case?

The most common evidence in Dallas County assault by strangulation cases includes:

✓ Alleged victim’s statements—to 911, responding officers, detectives, and prosecutors

✓ Police body cam footage—showing the scene, the alleged victim’s demeanor, and visible injuries (or lack thereof). In Dallas, officers from the Dallas Police Department (including specialized Family Violence Unit officers) wear body cameras that automatically activate during domestic disturbance calls. Footage from these cameras is stored digitally and can be subpoenaed by your defense attorney.

✓ Medical records—if the alleged victim went to the ER, doctors document injuries consistent with strangulation (petechiae, ligature marks, hoarseness, difficulty swallowing). In Dallas, the most common hospitals for domestic violence exams are Parkland Hospital (5200 Harry Hines Blvd.), which has a dedicated forensic nurse examiner program, and Methodist Dallas Medical Center (1441 N. Beckley Ave.). Medical records from these facilities often become key prosecution evidence.

✓ Photographs—of the alleged victim’s neck, face, or body taken at the scene or hospital

✓ Defendant’s statements—anything you said to police, even casual comments like “we were just arguing” can be used to prove intent

✓ Text messages and social media posts—from before, during, or after the alleged incident

✓ Jail call recordings—calls you make from jail are recorded and prosecutors review them for admissions or inconsistencies

✓ Witness testimony—neighbors, friends, family members, or children who heard or saw the incident

What should I do after being arrested for assault family violence in Dallas?

Follow these critical steps immediately:

1. Remain silent and request a lawyer—do not discuss the incident with anyone
2. Comply with all bond conditions—avoid any contact with the alleged victim, even if they initiate it
3. Preserve evidence—save text messages, emails, photos, and witness names that support your version
4. Avoid social media—prosecutors subpoena posts and messages routinely

Call the Law Offices of Richard C. McConathy at (972) 528-0478 before your next court date.

Will a family violence conviction affect my gun rights or future employment?

Yes—significantly. A felony family violence conviction results in:

Gun rights: Permanent federal firearm prohibition under 18 U.S.C. § 922(g)(9), even after completing probation

Employment: Disqualification from positions requiring professional licenses (nursing, teaching, law enforcement), jobs involving children, government employment, and positions requiring security clearances

The conviction stays on your record permanently unless you successfully fight the charge and win dismissal or acquittal. Call (972) 528-0116 to discuss your defense options.