Strangulation or Impeding Breathing in Texas: 6 Critical Facts About This Serious Felony

When people think of domestic violence, they often think of hitting or pushing — but strangulation and impeding breathing are among the most dangerous forms of abuse and carry some of the most severe legal consequences under Texas law.

In Texas, strangulation isn’t just a form of assault — it’s a felony, and when committed against a family or household member, the stakes go even higher.

In this post, you'll learn how Texas defines “impeding breathing,” how this charge is prosecuted, why it's considered high-risk, and what you need to know if you or a loved one has been accused.

Table of Contents

1. What Does “Impeding Breathing” or “Strangulation” Mean Legally?
2. Why Texas Treats Strangulation as a High-Risk Assault
3. How This Charge Is Enhanced in Domestic Violence Cases
4. What Is the Punishment for Strangulation in Texas?
5. What Evidence Is Used to Prove This Charge?
6. Why You Should Contact a Lawyer Near You Right Away

1. What Does “Impeding Breathing” or “Strangulation” Mean Legally?

Under Tex. Penal Code § 22.01(b)(2)(B), assault becomes a third-degree felony if the offender:

"Intentionally, knowingly, or recklessly impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth."

This includes:

• Choking
• Putting hands or objects around someone’s neck
• Smothering with a pillow or hand
• Any act that restricts airflow or blood flow

The victim does not need to lose consciousness or suffer visible injury. The focus is on intent and interference with normal breathing or circulation, even if only momentary.

2. Why Texas Treats Strangulation as a High-Risk Assault

Strangulation is recognized by experts — and by the courts — as a lethal form of violence. According to the Texas Council on Family Violence, victims of non-fatal strangulation are 750% more likely to later be killed by their partner.

That’s why Texas prosecutors aggressively charge these cases. Courts understand that:

• It takes only seconds to lose consciousness.
• Physical evidence can be minimal or delayed.
• Survivors often recant or minimize the event out of fear or coercion.

For that reason, law enforcement is trained to investigate even minor signs of strangulation, such as a hoarse voice, red eyes, or difficulty swallowing.

3. How This Charge Is Enhanced in Domestic Violence Cases

When the alleged victim is a family member, household member, or someone in a dating relationship, the charge is filed as Assault – Impeding Breathing or Circulation – Family Violence, a third-degree felony.

But it can be enhanced to a second-degree felony under Tex. Penal Code § 22.01(b-1) if the accused has:

• A prior conviction for family violence assault
• Previously been placed on deferred adjudication for family violence

This enhancement raises the penalty range significantly and removes many first-time offender options like diversion programs or deferred adjudication.

4. What Is the Punishment for Strangulation in Texas?

Here’s what a defendant can face if convicted:

Third-Degree Felony (No Prior Convictions)

• 2 to 10 years in prison
• Up to $10,000 in fines
• Possible probation, but no sealing or expungement

Second-Degree Felony (With Prior Family Violence Conviction)

• 2 to 20 years in prison
• Up to $10,000 in fines
• Permanent family violence finding on record

Also, under Tex. Code Crim. Proc. art. 42.013, any conviction involving family violence results in a family violence finding, which:

• Cannot be removed from your record
• Permanently bars you from owning firearms under federal law
• Impacts child custody, protective orders, and employment

5. What Evidence Is Used to Prove This Charge?

Strangulation cases often proceed even without visible injury. Prosecutors rely on:

• 911 calls with distressed breathing
• Photos showing redness, scratches, or burst capillaries
• Medical reports documenting voice changes or soft tissue damage
• Statements made by victims or witnesses
• Bodycam footage from the scene

Under Tex. R. Evid. 803(2), excited utterances made during or shortly after the assault may be admitted, even if the victim later recants.

And due to Crawford v. Washington, the State must ensure the accused has the opportunity to confront witnesses. That means if the victim refuses to testify, much of the case may hinge on admissibility of out-of-court statements.

6. Why You Should Contact a Lawyer Near You Right Away

Strangulation charges are incredibly serious. Prosecutors treat these cases as “red flag” assaults — and so should you.

Even if you believe the event was misunderstood, or that the victim doesn’t want to press charges, the State can and often will proceed without their cooperation. The arrest alone may lead to:

• Emergency protective orders
• Child custody restrictions
• Loss of firearm rights
• Immigration consequences for non-citizens

A skilled attorney near you can:

• Challenge the sufficiency of evidence
• Demand a forensic medical review
• Cross-examine on issues of intent and credibility
• File motions to suppress inadmissible statements
• Negotiate for reduced charges or dismissal

Final Tip: Don’t Wait Until Court to Get Help

Being accused of strangulation or impeding breathing is not a situation you can take lightly — and it’s not something you should face alone.

Walker Law Office brings deep experience and aggressive representation to the table, led by Mekisha Walker — a former prosecutor and respected Houston criminal defense attorney who knows how these cases are investigated and prosecuted from both sides.

Whether you’re being falsely accused, facing a misunderstanding, or need to mitigate a worst-case scenario — you need someone in your corner today.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to get legal help from a lawyer near you.

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