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"Midland police say they are working with more victims in relation to choking incidents now that the Texas Legislature has bumped the charge of assault up to a third-degree felony from a misdemeanor. Over the past year, since the new law went into effect, investigators say they have seen an increase in reports with more victims are coming in and filing complaints that they have been choked in a domestic violence dispute. MPD crime victim liaison Jennifer Painter said next to hitting and being beaten with fists, choking is becoming one of the second most common forms of attack in abuse cases. \"When someone is choked, there may be a couple of bruises on the outside, but there is no telling what kind of damage has been done inside,\" she said. \"What I've seen in the last few months is some sort of choking, whether it's a short period of time or the victim completely blacks out.\" Several victims Painter has seen still have the red marks and handprints clearly visible on their necks, even days after the attack. \"They cannot believe this has happened to them. They're ready to get out,\" she said of the victims she has helped. She added that many have told her that their attacker has \"never been like this before\" and that \"he's never done this before.\" \"They can get out, get help and we can move them forward,\" Painter added. Sgt. David Garcia said it's something detectives have seen for years -- that one of the first things a man assaulting his spouse or girlfriend does is grab his victim by her throat. Now, police are able to file criminal felony charges against the attacker when they do. \"It's really helped us out in putting some teeth behind these assaults,\" he said. The law is in reference to any type of obstruction in an assault, whether an attacker covers his or her victim's mouth with their hand or obstructs their breathing by cutting off their windpipe in a choke grasp. On Sunday, two third-degree felony charges of assault of a family and/or house member were filed against a Midland man after he choked his female victim twice in two separate incidents. When Garcia goes through reports, he said he specifically looks to see if the victim has said anything to officers that they were choked. Those reports are then assigned to a detective who works the case and charge up as a felony. Before the Legislature approved the new law, police were only able to charge suspects with, at best, a class A misdemeanor, unless detectives could prove that the attacker was trying to do some harm to his or her victim. \"It was kind of hard. Now, anytime a suspect lays hands on a victim, whether by choking or putting a hand over their mouth and nose, we can apply under this law a third-degree felony,\" Garcia said. Police are hoping that with the higher charge it will help to reduce the number of incidents they see on a daily basis. \"It's a serious attack. You can really hurt somebody,\" Garcia said. Audrie Palmer can be reached at apalmer@mrt.com."
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