When an assault charge or domestic violence charge includes allegations of strangulation, the charge becomes far more serious in Texas, as well as in other states, making it crucial to seek legal guidance from an experienced Houston domestic violence defense attorney to protect your rights.
Take the current case of NFL free agent wide receiver Kadarius Toney. He was arrested and charged in Georgia recently for allegedly “physically assaulting” a woman during a domestic dispute on January 14 at a residence in Douglasville, Georgia.
Not only that, but according to USA Today, the January 15 arrest warrant for Toney asserted that he had put his hand around a woman’s throat and squeezed “with enough force to cause her to be unable to (breathe)” during the altercation. That allegedly left the woman with red marks on her neck and petechial hemorrhaging in her eyes.
Georgia authorities claim Toney prevented the woman from seeking help by taking her phone away when she tried to call 911 and by canceling voice commands for her phone to call 911 during the assault.
Toney, 26, was arrested and booked into a Douglas County Sheriff’s Office facility on February 6. He was charged with one count of aggravated assault (strangulation) and one count of obstructing/harassing 911 calls.
A judge set Toney’s bond at $25,000 for each of the charges.
An ESPN report showed that records indicate Toney was not in custody the day after his arrest and booking. That would mean he posted the $50,000 total bond.
According to a 911 call’s audio obtained by TMZ Sports, the woman called authorities from a neighbor’s residence. She said she was seven months pregnant and Toney was her boyfriend. She also said she was holding her daughter when the alleged assault occurred.
Former Chiefs player could face 20 years in prison
Toney formerly played football for the Kansas City Chiefs, Cleveland Browns and New York Giants, who drafted him in the first round of the 2021 NFL draft. He played as a wide receiver and special teams member to return kickoffs and punts. He was last released from the Browns’ active roster on December 10.
If Toney is convicted of aggravated assault (strangulation), the penalty is severe. In Georgia, that crime is a felony for which punishments can include a prison sentence of one to 20 years, depending on the individual circumstances of the case.
The charge of obstructing/harassing 911 calls is less severe. Georgia law deems that a misdemeanor, for which conviction can lead to a fine of as much as $1,000, a sentence of up to 1 year in jail, or both.
Ex-NFL player convicted in another state
Another former NFL player, Chad Wheeler, formerly of the Seattle Seahawks, was convicted and sentenced to 81 months (6 ¾ years) in prison for first- and second-degree assault/domestic violence and a third count of unlawful imprisonment for allegedly attacking his then-girlfriend in 2021.
According to court documents, prosecutors claimed Wheeler “viciously attacked the victim in her bedroom, strangling her at times with both hands.” He also was accused of strangling her twice until she lost consciousness.
In the state of Washington, first-degree assault/domestic violence is a Class A felony with a mandatory minimum prison sentence of 60 months.
What Are the Long-Term Effects of a Domestic Violence Charge in Texas?
The consequences of a domestic violence conviction can continue long after you’ve served your time in prison.
Texas laws target domestic violence involving strangulation
Texas assault laws hold that domestic violence strangulation 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.”
In 2009, such laws were changed to increase punishments beyond previous state statutes, which had deemed the crime only a misdemeanor assault, much like a slap in the face. Earlier laws had failed to take into account the severity of choking or strangling a person.
In Texas, a person who’s been convicted of domestic violence involving strangulation or suffocation—now a third-degree felony—can be sentenced to 2 to 10 years in prison and fined up to $10,000 for a first offense.
For a second such offense after a previous conviction for family violence, the crime becomes a second-degree felony (which is worse than a third-degree felony). Punishments then can include 2 to 20 years in prison and a fine of as much as $10,000.
For comparison, other second-degree felonies in Texas are manslaughter, arson and assaulting a police officer.
What makes an assault a “domestic” assault in Texas?
As for the distinction between assault and domestic assault (also known as domestic violence or family violence), a domestic assault in Texas can mean threatening or causing injury to:
- A spouse or former spouse
- A child of a spouse or former spouse
- A family member by marriage, blood or adoption
- A current or former dating partner
- Foster parents and foster children
- A household member, such as a roommate or nanny, living in the same residence as the defendant
Get the best Houston-area domestic violence defense lawyer
If you or a family member in the Houston area faces a claim, accusation, allegation or charge of such an offense, you must get the best domestic violence defense lawyer you can find. Your future—and your freedom—may depend on it.
Keep in mind that choking or strangulation may not be easy to prove by prosecutors. They must establish that a victim had trouble swallowing or speaking; suffered red spots on the face or neck due to bursting blood vessels via pressure applied; had a raspy voice because of narrowed air tubes; or suffered abrasions or marks beneath the chin.
Beyond that burden on prosecutors, a skilled domestic assault defense attorney may be able to establish that a claim of attempted choking or strangulation was false, perhaps motivated as retaliation after a non-violent quarrel or used as leverage in a legal dispute such as child custody.
Persons who face such a claim or charge should contact the award-winning Neal Davis Law Firm for a private consultation. Then we can help guide you in terms of what legal actions you may need to take.
The Neal Davis Law Firm handles a variety of criminal cases. When it comes to domestic violence cases, we can defend the legal rights of persons accused of such crimes as domestic assault, aggravated domestic assault and continuous violence against the family.
Contact us today to arrange a consultation if you face such a criminal charge in Bellaire, Memorial, The Woodlands or anywhere else near Houston.
