A domestic-violence case can escalate fast — and few facts escalate one faster than an allegation of strangulation. The arrest of Denver Broncos linebacker Jonathon Cooper, taken into custody twice in a single week, shows how quickly a misdemeanor argument can turn into a felony charge and how a single phone call can become a brand-new crime. At L & L Law Group, PLLC, we use this story to explain how Texas treats family-violence strangulation and protective-order violations, and what a defendant in Frisco or DFW would actually face.
What Happened
According to ESPN, Cooper, 28, was first arrested on June 4 in Parker, Colorado, after a confrontation with his girlfriend, initially facing misdemeanor domestic violence and criminal mischief charges. Days later, prosecutors added a felony charge of second-degree assault by strangulation and an additional misdemeanor assault count, and a court issued a protection order for the alleged victim.
As Fox News and Denver7 reported, Cooper was then arrested a second time on June 11 for allegedly violating that protection order — the affidavit says he sent roughly 20 messages, made two calls, and went to the woman’s apartment before she called 911. A nurse’s report referenced in court described injuries from choking carrying a “substantial risk of death.” Cooper was released on a personal recognizance bond under a stricter no-contact order and ordered to relinquish firearms; he has pleaded not guilty.
This is L & L Law Group’s legal commentary on a national news story. We do not represent anyone involved, and nothing here is a prediction about that case.
Why Strangulation Turns a Misdemeanor Into a Felony in Texas
In Texas, a basic assault causing bodily injury to a family or household member is usually a Class A misdemeanor. But the analysis changes dramatically when strangulation is alleged. Under Texas Penal Code § 22.01(b)(2)(B), an assault against a family member, household member, or dating partner becomes a third-degree felony when the accused is alleged to have impeded the person’s normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth.
That single element — choking or impeding breath — is what elevates the case, exactly as the added “assault by strangulation” charge did in Cooper’s case. A third-degree felony in Texas carries 2 to 10 years in prison and a fine of up to $10,000. If the person has a prior family-violence conviction, the same strangulation conduct can be charged as a second-degree felony (2 to 20 years).
Violating a Protective Order Is Its Own Crime
Cooper’s second arrest is a textbook example of how a no-contact order works. In Texas, once a magistrate’s order for emergency protection or a protective order is in place, violating it — by going to the protected person’s home, calling, or texting — is a separate offense under Texas Penal Code § 25.07.
A first violation is generally a Class A misdemeanor (up to one year in jail and a $4,000 fine), but it can be elevated to a felony with repeat violations or if the contact involves an assault or a threat. Critically, this is a new charge stacked on top of the original case — which is why defense lawyers warn clients that the fastest way to make a domestic-violence case worse is to contact the alleged victim, even once, even to apologize.
How a Frisco or DFW Case Would Unfold
A North Texas resident arrested on these facts in Collin County or Dallas County would be booked, and a magistrate would almost certainly issue an Emergency Protective Order on top of bond — typically barring contact with the alleged victim and requiring the surrender of firearms, just as the Colorado court ordered. The felony strangulation count would head to a district court, while any protective-order-violation count would proceed alongside it.
Because these cases hinge on injury evidence and witness cooperation, the defense is often fact-intensive. Common approaches include:
- Challenging the strangulation element. The State must prove the accused actually impeded breathing or blood flow. Medical records, photos, and the timeline are heavily scrutinized.
- Self-defense or mutual combat. Where both parties were involved — as initial reports in this case suggested — who was the aggressor becomes a central question.
- Intent and credibility. Family-violence cases frequently turn on conflicting accounts, recantations, and the reliability of the initial report.
- Disputing the protective-order violation. Whether the person was properly served and knew the order’s terms can be a real defense, as Cooper’s reported statement to police suggests.
Frequently Asked Questions
Is choking or strangulation a felony in Texas?
Yes. Under Penal Code § 22.01(b)(2)(B), a family-violence assault that involves impeding breathing or blood circulation is a third-degree felony — 2 to 10 years in prison — even on a first offense, and a second-degree felony with a prior family-violence conviction.
What happens if I contact the alleged victim after a protective order?
Contacting a protected person — in person, by phone, or by text — can be charged as a separate crime under Penal Code § 25.07, usually a Class A misdemeanor and sometimes a felony. It is a new case stacked on top of the original charges.
Can family-violence charges be dropped if the alleged victim doesn’t want to press charges?
Not automatically. In Texas, the State — not the alleged victim — decides whether to prosecute. Prosecutors can and often do proceed even when a complaining witness wants to drop the case.
Will I have to give up my guns?
Often, yes. Texas courts routinely order the surrender of firearms as a condition of bond or a protective order in family-violence cases, and a family-violence conviction can trigger long-term firearm restrictions under state and federal law.
How L & L Law Group Can Help
Family-violence and protective-order cases are among the most fast-moving and high-stakes charges in Texas — a felony strangulation count can threaten your freedom, your career, and your right to own a firearm. At L & L Law Group, PLLC, we defend clients in Frisco, Collin County, Dallas County, and throughout North Texas against assault family violence, strangulation, and protective-order charges. We examine the injury evidence, the timeline, and every procedural step, and we work to protect your rights from the first bond hearing through trial. If you are facing these charges, call us at (972) 370-5060 for a confidential consultation.
