Texas Assault by Strangulation Lawyer

  • 35+

    Years Defending Texans

  • 1000+

    Cases Dismissed

  • 6000+

    Criminal Cases Handled

  • 16+

    Counties Served Across Texas

Available | Serving All of Texas

One accusation does not define who you are. Many people charged with assault by strangulation have never faced criminal allegations before and have no idea what to expect once an arrest occurs.

The Texas Assault by Strangulation Lawyer team at the Law Offices of Richard C. McConathy represents people accused of felony assault throughout Texas. 

We start preparing every case immediately by reviewing the evidence, identifying weaknesses in the prosecution’s allegations, and protecting each client’s constitutional rights.

For more than 35 years, the Law Offices of Richard C. McConathy has defended Texans charged with serious criminal offenses. The firm has handled more than 6,000 criminal cases and secured more than 1,000 dismissals across North Texas and surrounding communities.

Call (972) 233-5700 to discuss your case before prosecutors complete their investigation. Our firm is ready to take your call 24/7 and Richard McConathy handles every case personally.

Do You Need a Texas Assault by Strangulation Lawyer?

Yes. Assault by strangulation charges expose a person to felony penalties, and prosecutors begin evaluating evidence almost immediately after an arrest.

Many people believe the case depends entirely on whether visible injuries exist. Texas law does not require catastrophic injuries. Prosecutors instead attempt to prove that the accused intentionally impeded another person’s normal breathing or blood circulation during the alleged assault.

The earliest stages of the case shape everything that follows. Officers prepare reports, witnesses provide statements, medical records become evidence, and prosecutors begin deciding how aggressively they intend to pursue the case.

Why Early Representation Matters

The Law Offices of Richard C. McConathy begins evaluating the prosecution’s evidence immediately instead of waiting for trial. You work with Richard directly and are never handed off to Junior staff. 

Early representation allows the defense to examine issues such as:

  • Police reports that contain factual errors or inconsistencies.
  • Body camera footage that differs from witness statements.
  • Medical records that conflict with the allegations.
  • Electronic communications that provide additional context.
  • Independent witnesses who observed the incident.

Early preparation frequently determines how much evidence becomes available to the defense before formal court proceedings begin.

How Does the Law Offices of Richard C. McConathy Handle Assault by Strangulation Cases?

The Law Offices of Richard C. McConathy approaches assault by strangulation cases as serious felony prosecutions that demand immediate preparation. The firm represents clients throughout Texas while drawing on decades of courtroom experience defending violent crime allegations.

Every assault case receives an independent review of the evidence instead of relying solely on police conclusions. That review focuses on witness credibility, physical evidence, medical documentation, digital communications, and constitutional issues that affect the admissibility of evidence.

A Trial-Ready Approach From the Beginning

Pretrial Diversion

The firm prepares every felony case with trial in mind.

Rather than assuming the prosecution’s evidence tells the complete story, the defense examines how investigators reached their conclusions and whether those conclusions match the available evidence.

At the Law Offices of Richard C. McConathy, we have represented clients accused of assault, aggravated assault, domestic violence, family violence, and other violent offenses throughout Texas courts. That experience provides practical insight into how prosecutors develop felony assault cases and where weaknesses frequently appear.

If prosecutors refuse a reasonable resolution, the firm stands prepared to represent the case before a jury.

What Counts as Assault by Strangulation Under Texas Law?

Texas law defines assault by strangulation as an assault that intentionally, knowingly, or recklessly impedes another person’s normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth. The offense appears under the Texas assault statute when the alleged victim has a qualifying relationship with the accused.Texas does not recognize a separate criminal offense called strangulation. Instead, the allegation increases the seriousness of an assault charge because the Legislature treats impeding breathing as conduct carrying a greater risk of serious bodily injury.The governing statute appears in Texas Penal Code § 22.01, which addresses assault offenses, including family violence assault involving impeding breathing or circulation.

Qualifying Relationships Matter

Not every assault allegation qualifies as assault by strangulation.The enhanced offense generally applies when the allegation involves a:
  • Current spouse.
  • Former spouse.
  • Dating partner.
  • Family member.
  • Household member.
Texas law defines these relationships through the Texas Family Code, and prosecutors must establish that the required relationship existed at the time of the alleged offense.

Physical Injury Is Not the Only Evidence

Visible injuries strengthen a prosecution’s case, but they do not determine whether charges proceed.Medical providers, officers, and prosecutors examine the entire body of evidence. They review statements, photographs, emergency medical records, body camera video, 911 recordings, witness testimony, and electronic communications alongside any physical injuries.Jurors evaluate all of that evidence together rather than relying on one photograph or one medical record.

Why Does Texas Treat Assault by Strangulation So Seriously?

Texas treats assault by strangulation more seriously because impeding another person’s breathing creates a substantial risk of severe injury. State lawmakers classify many of these allegations as felonies instead of misdemeanors.That classification changes every stage of the criminal case. Bond conditions become stricter, prosecutors devote greater resources to preparing the case, and felony convictions create lasting consequences beyond incarceration.

A Felony Charge Reaches Beyond Criminal Court

A felony assault allegation affects many parts of daily life before a verdict ever occurs.
Area AffectedPotential Impact
EmploymentEmployers frequently review felony arrests when making hiring or retention decisions.
Professional licensingLicensing agencies conduct independent disciplinary reviews.
Firearm rightsTexas and federal law impose restrictions following certain convictions.
Family law mattersCustody and protective order proceedings frequently involve pending criminal allegations.
Housing opportunitiesBackground checks may affect rental applications and housing eligibility.

What Penalties Apply to Assault by Strangulation in Texas?

Assault by strangulation carries felony penalties under Texas law. The punishment depends on the specific allegations, criminal history, and any aggravating circumstances identified by prosecutors.Texas sentencing laws establish substantial prison exposure for felony assault convictions, making careful preparation important from the earliest stages of the case.

Common Felony Punishment Levels

Charge LevelPotential Penalty
Third-degree felonyTwo to ten years in the Texas Department of Criminal Justice and a fine of up to $10,000.
Second-degree felonyTwo to twenty years in prison and a fine of up to $10,000 when aggravating circumstances apply.
First-degree felonyFive to ninety-nine years or life imprisonment in limited circumstances authorized by Texas law.
A criminal sentence represents only part of the overall impact. Felony convictions also affect employment opportunities, professional credentials, firearm rights, and future background checks.

How Do Texas Prosecutors Attempt to Prove Assault by Strangulation?

Texas prosecutors attempt to prove assault by strangulation by showing that the accused intentionally, knowingly, or recklessly impeded another person’s normal breathing or blood circulation. Every case depends on the evidence rather than the accusation itself.Unlike many assault cases, prosecutors rarely rely on one piece of evidence. They build a timeline using witness statements, medical records, photographs, electronic communications, and law enforcement observations. The prosecution then argues that all of those pieces point toward the same conclusion.

What Defense Strategies Apply to Texas Assault by Strangulation Charges?

folders of information labeled "evidence"Every assault by strangulation case requires a defense strategy built around the evidence, not assumptions. The strongest defense depends on the facts, witness credibility, physical evidence, and the prosecution’s ability to prove every required element beyond a reasonable doubt.Assault allegations frequently involve conflicting accounts of what occurred. Emotional disputes, family conflict, divorce proceedings, child custody issues, and stressful personal relationships sometimes influence how events are reported.

The Defense Begins With the Evidence

The Law Offices of Richard C. McConathy reviews every source of evidence before developing a defense strategy.That review examines issues such as:
Defense IssueWhy It Matters
Conflicting witness accountsDifferent versions of events create credibility questions for jurors.
Lack of physical evidenceAllegations still require proof beyond a reasonable doubt.
Medical evidence inconsistent with the accusationMedical findings do not always support the prosecution’s theory.
Self-defenseTexas law recognizes the right to defend yourself under appropriate circumstances.
False or exaggerated allegationsPersonal disputes sometimes affect how incidents are reported.
Constitutional violationsUnlawfully obtained evidence may face legal challenges before trial.
Each defense focuses on whether prosecutors possess reliable evidence proving every legal element required for a conviction.

Does a Protective Order Affect an Assault by Strangulation Case?

Yes. Protective orders frequently accompany assault by strangulation allegations, and violating those orders creates additional criminal exposure.Texas courts regularly address protective order requests shortly after an arrest. Those hearings occur separately from the criminal prosecution, and the outcome affects where a person lives, who they contact, and whether they possess firearms.

Protective Orders Carry Consequences

A protective order reaches beyond the criminal courtroom.Depending on the court’s order, restrictions include:
  • Contact with the alleged victim.
  • Returning to the family residence.
  • Possessing firearms or ammunition.
  • Visiting certain locations.
  • Communicating through third parties.

Can False Allegations Lead to Assault by Strangulation Charges?

Yes. False allegations occur, and prosecutors still evaluate those cases like every other felony investigation.An arrest does not establish guilt. Officers make arrest decisions based on the information available at that moment, and additional evidence frequently emerges later in the case.Relationship conflicts sometimes create competing narratives that require careful examination. Divorce proceedings, child custody disputes, financial disagreements, and family disagreements occasionally overlap with criminal allegations.The Law Offices of Richard C. McConathy independently reviews witness statements, electronic communications, medical records, and other evidence to determine whether the prosecution’s allegations accurately reflect what occurred.

FAQ for Texas Assault by Strangulation Lawyer

No. Some assault by strangulation cases resolve before trial through dismissals, negotiated resolutions, or other outcomes based on the available evidence. Every case follows its own path after prosecutors complete their review.

After an arrest, the case moves through bond proceedings, formal charging decisions, evidence review, discovery, pretrial hearings, and, if necessary, trial. Early decisions during that process shape how the case develops.

Yes. Texas prosecutors decide whether criminal charges move forward. A victim's request to dismiss the case does not automatically end the prosecution.

Yes. A Texas assault by strangulation case may continue even if the alleged victim asks prosecutors to dismiss it. The prosecutor decides whether to move forward based on the available evidence, not solely on the wishes of the alleged victim.

Many people assume the case ends once the other person changes their mind. That assumption leads to costly mistakes during the investigation. Speaking with a lawyer early helps you understand where the case stands and what evidence prosecutors are relying on.

A first arrest does not eliminate the possibility of felony prosecution. Texas treats assault by strangulation as a serious offense, regardless of whether a person has prior convictions.

Every case has different facts, and prosecutors consider the available evidence, criminal history, and surrounding circumstances when making decisions. The Law Offices of Richard C. McConathy evaluates those same facts to identify opportunities for dismissal, reduction, or another favorable resolution when supported by the evidence.

A conviction for assault involving family violence may affect firearm rights under both Texas and federal law. The impact depends on the specific conviction and the applicable statutes.

Firearm restrictions frequently become an important concern for law enforcement officers, military personnel, security professionals, hunters, and anyone who owns firearms for work or recreation. Addressing those concerns begins with understanding the exact charge and the potential consequences.

Every assault by strangulation case follows its own timeline. Felony cases frequently involve multiple court settings, evidence exchanges, pretrial hearings, negotiations, and, when necessary, a jury trial.

The timeline depends on factors such as the amount of evidence, witness availability, court schedules, and legal issues that require resolution before trial. A lawyer provides updates throughout the process and explains each stage as the case progresses.

Speak With a Texas Assault by Strangulation Lawyer Before Your Case Moves Forward

The Law Offices of Richard C. McConathy represents Texans accused of serious felony offenses for more than 35 years. 

We have handled more than 6,000 criminal cases and over 1,000 dismissals secured, our firm brings extensive courtroom experience to assault by strangulation cases throughout Texas. You work with Richard C. McConathy directly. 

Whether the investigation has just begun or formal charges have already been filed, obtaining experienced legal representation early places you in a stronger position to respond to the allegations.

Call (972) 233-5700 today to discuss your case with the Law Offices of Richard C. McConathy and begin building your defense before the prosecution gains additional ground. We are available 24/7.

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