What Can I Do To Help My Lawyer If I’ve Been Charged With Assault By Strangulation?
– BT, Texas
Assaulting another person, usually a family member, by strangulation is a third degree felony. Third degree felonies carry a punishment range of two to ten years in prison. Assault family violence is a Class “A” misdemeanor punishable by up to a year in county jail.
If there are no other witnesses the prosecution may try to prove strangulation in several ways. One is by bruising that may show up a few days after the alleged assault. The bruising may be on the neck or shoulders.
The prosecution may also try to prove strangulation by scratch marks on the neck where the alleged victim was trying to remove the defendant’s hands around her neck.
They may also try to argue that any scratches or bite marks on the defendant’s hand are the result of the alleged victim protecting herself.
Or if the alleged victim has blood spots in his or her eyes, the prosecutor may argue that this is the result of strangulation. You can help defend yourself by telling your attorney immediately if you had seen previous injuries on the alleged victim.
You also need to notify your attorney of any witnesses to any scratches or bite marks that may have occurred before the alleged assault. You need to do this while witnesses memories are still fresh.
Finally, blood spots in the eyes may be caused by means other than strangulation. For example, vomiting after a night of drinking may cause those spots.
This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.