The 81st Texas Legislature recently changed the domestic violence statute, making strangulation a third degree felony. Donna Guion, SafeHaven’s Legal Services Director, said the new law makes the punishment equal to the severity of the crime.
“When an abuser uses his hands as a weapon to strangle a victim, he is five times more likely to kill her in the future,” Guion said. “For this and many more reasons, it is important to recognize that strangulation in domestic violence cases necessitates a felony charge not a misdemeanor. Until now, misdemeanors included crimes such as: strangulation in domestic violence cases, disorderly conduct, public lewdness, and indecent exposure. Texas legislators should be commended for acknowledging the difference between making an obscene gesture (i.e. disorderly conduct) and physically strangling someone familiar.”
An article in the Texas District and County Attorney’s Association’s journal, The Prosecutor, details this new law and how attorneys can prove strangulation in a domestic violence case. To read it, click here.
