Assault by impeding breath or circulation is both an enhanced assault charge, as well as classified as domestic violence. The sanctions under Texas law are harsh and prosecutors aggressively pursue these charges, even with limited evidence. Some counties even have special courts and prosecutors dedicated to dealing with these types of cases.
If you or a loved one is dealing with such allegations, it’s crucial to understand the legal complexities surrounding this charge and to have an experienced attorney by your side to navigate the challenges ahead. At M|C Criminal Law, we are committed to providing strong, compassionate defense for those accused of domestic violence offenses.
Reach out to explain your situation and we will start working on a defense.
The base form of assault is defined in the Texas Penal Code, Section 22.01 as:
Without any additional aggravating circumstances, assault is classified as a Class A misdemeanor, which is punishable by up to a year in jail and a fine of up to $4,000. Many people believed that a Class A misdemeanor was not a serious enough charge for some forms of assault that cannot be elevated to aggravated assault, which requires serious bodily injury or the use of a deadly weapon, and criticized Texas law as being too mild.
The response of the Legislature was to introduce special types of assault offenses that are classified as more serious than the base form of assault, but do not require the same aggravating circumstances that are necessary for an aggravated assault conviction. One such type of assault that is considered a more serious offense is assault by impeding the breath or circulation of the victim.
This special type of assault is outlined in the Texas Penal Code, Section 22.01(b)(2)(B). It states that ‘the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.’
This type of assault can only be committed against a family member, dating partner, or household member. Thus, assault by impeding breath or circulation is essentially choking or strangulation of a partner, family, or household member. That also makes this offense fall under domestic violence.
It is important to note that a person may be charged with impeding breath or circulation even if there is no visible bruising or markings present; sometimes, only the victim’s statement can be enough for a charge.
If you are arrested for assault by impeding breath or circulation, the consequences can be very severe. Under Texas law, this offense is classified as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. If you have prior convictions for domestic violence, the charge can be enhanced to a second-degree felony, carrying a penalty of 2 to 20 years in prison and up to a $10,000 fine.
Additionally, domestic violence charges often result in immediate legal actions such as emergency protective orders and restrictions on contact with the alleged victim. It’s crucial to consult with a skilled defense attorney immediately to understand your rights and options, as the stakes are high in cases involving choking or strangulation allegations.
While prison time is a serious possibility for an assault by impeding breath or circulation charge, probation may be an option in some cases. For a third-degree felony conviction, you could be eligible for probation, also known as community supervision, which allows you to serve your sentence outside of jail under strict conditions.
However, probation for domestic violence offenses often comes with specific requirements, such as attending counseling or battering intervention programs and adhering to a no-contact order with the alleged victim. Keep in mind that probation is not guaranteed, and a judge will consider factors such as the circumstances of the offense and your criminal history before deciding.
Even with no prior criminal record, consulting with an experienced criminal defense lawyer is essential to explore your options and build a strategy to potentially secure probation or minimize other penalties.
If you are charged with this offense, the domestic violence defense attorneys from M|C Criminal Law bring a unique perspective to defending assault by impeding breath or circulation charges, with experience gained from working in the Prosecutor’s Office before transitioning to criminal defense.
This background allows us to approach your case with insider knowledge of both prosecution strategies and local court systems. We understand the gravity of domestic violence charges and will fight relentlessly to protect your rights and freedom. Contact us today for a confidential consultation and expert legal representation.
Let us help you navigate this challenging situation with confidence.
