One wonders if police officers may
sometimes suggest to an alleged victim that she was choked in order to
make a felony arrest. An alleged victim who is already mad at her
boyfriend or husband may go along with the suggestion, not realizing the
seriousness of such an allegation. It does seem odd that in some cases
the only so-called objective evidence in the police offense report
suggesting that such an assault occurred is the officer’s purported
observation of “redness” on the person’s neck, yet no photos were taken
of this redness and the victim refused medical treatment.
According to a recent Houston Chronicle
blog post by reporter Erin Mulvaney entitled “Harris County prosecutors
see increase in choking charges” (see below), the number of felony cases
filed for Assault Family Member by Impeding Breathing (strangulation)
has increased by 40 percent in the first 6 months of 2012 over the same
time period as last year.
Harris County prosecutors have seen
an uptick in recent weeks in the number of felony charges against those
who choke victims during an attacks, several years after state
lawmakers passed a law to stiffen penalties for the offense…
In September of 2009, penalties for
assaulting a family member by choking or impeding breathing became more
severe, raising the offense level to a third degree felony. In the first
six months of this year, there have been approximately 40 percent more
cases filed under this statute than in the same time period last year,
said Donna Hawkins a spokeswoman for the Harris County District
Attorney’s office.
“As people become more aware of the
dangers of cutting off a person’s air supply, it is more likely that
victims will report this offense, police will arrest defendants, and
prosecutors will file these charges,” Hawkins said…
In 2009, a bill sponsored by Rep.
Pete Gallego, D-Alpine, became law. It made a choking an assault a
third-degree felony if it included strangulation or suffocation against
someone the suspect had been dating or someone in the suspect’s family
and a second-degree felony for a second offense.
Proponents of the bill argued that
strangling in domestic violence cases was not taken being taken
seriously or punished harshly enough. The offense previously was charged
as a form of assault, which can be a Class A misdemeanor and does not
require a minimum jail time.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.
