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Prior Convictions and Texas Strangulation Penalties
Learn how a qualifying prior case can affect Texas family-violence strangulation charges and why deferred adjudication needs careful review.
In short: Texas section 22.01(b-3) provides a second-degree route involving a qualifying prior conviction, a specified relationship and impeding breathing or circulation. Section 22.01(f) gives “previously convicted” a definition that can include certain deferred-adjudication pleas. A dismissed supervision case should not be assumed irrelevant.
Explore this page 9 sections
Must there be a prior case for the basic felony?
No. The impeding-breath route in subsection (b)(2)(B) can be third degree without a prior conviction. The prior-case analysis addresses a separate enhancement question.
Does every prior assault qualify?
No. The statute specifies offenses and relationship requirements. Counsel should review actual judgments and relevant records, not merely the name shown in a background report.
What records should be obtained?
Identify the prior court, cause number, plea, disposition and relationship allegation. Out-of-state cases require comparison to the statutory substantially-similar-elements rule. The State’s enhancement allegation should be tested against the complete record rather than conceded from memory.
A practical example and questions for counsel
Hypothetical example: Suppose a prior family-violence case ended after deferred adjudication and the person believes it no longer counts for any purpose. Section 22.01(f) makes that assumption unsafe for this enhancement analysis. Counsel should obtain the plea and disposition records, identify the prior offense and relationship, and compare them with the statutory requirements. A background-check entry is a starting point, not the complete proof. Also distinguish using a prior case for this specific enhancement from unrelated questions about record sealing or the consequences of successful supervision.
How this fits Texas law
The family-violence impeding-breath provision concerns specified relationships and intentional, knowing or reckless interference with normal breathing or blood circulation by listed methods. It can be third degree without a prior conviction; the prior-conviction provision can make it second degree. Relationship, conduct, mental state and any enhancement must each be examined.
How do I get started?
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Last updated October 2026
Common questions
Must there be a prior case for the basic felony?
No.
Does every prior assault qualify?
No.
What records should be obtained?
Identify the prior court, cause number, plea, disposition and relationship allegation.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.