A new Texas law will move strangulation from a misdemeanor charge to a felony in cases of domestic battery. By holding someone by the neck and cutting off their air supply, domestic abusers will be greatly increasing the potential sentence they face.
Dallas police Sergeant Richard Santiesteban is a supervisor in the family violence unit. He expressed great happiness at the change, as it is so common in these types of cases:
“Seven out of 10 cases that we get here in family violence have to do with some form of strangulation. So it’s very important to get this type of upgraded penalty.”
Previously, the crime would only be a felony if the victim passed out. Now any case of strangulation will be charged as a felony, even if there are no marks to prove the choking took place.
Houston criminal attorney Tad Nelson believes this is a good move to protect abuse victims, but worries about cases where there are no witnesses and no bruises. Nelson warns of the importance of having suitable evidence in domestic violence case is necessary in order to protect defendants from false or exaggerated accusations.
To learn more, please read the article in The Dallas Morning News. Image via Annie Wonderer [Flickr].