Legal Question in Criminal Law in Texas

How long do you serve in jail for domestic violence, the person was not seriously injured, they were jus choked for a few seconds. What kind of charges will you face? Or do you have to pay some kind of fine?


Asked on 4/01/10, 10:21 am

1 Answer from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt

This is potentially a very serious charge. In the Texas, a family violence assault of the nature you have described occurring after 91/2009 could be charged as a second degree felony if the person falls under the family/domestic violence definitions and if "the offense is committed by intentionally, knowingly, or recklessly impeding 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." A second degree felony carries from 2 to 20 years in prison or a probation of up to 10 years.

This is a very serious offense, and will likely not involve a reduction to a fine only. You need to speak to a local criminal defense attorney ASAP.

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Answered on 4/06/10, 10:31 am


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