Clear Answers to Serious Felony Assault Questions
Assault Impeding Breath or Circulation is one of the most aggressively prosecuted assault charges in Texas. Understanding what the law allows—and what it does not—is essential when probation and incarceration are both potential outcomes.
Through our FAQ Series, MC Criminal Law attorneys answer common questions based on decades of experience handling felony assault and family violence cases across North Texas.
Q: If I am facing a felony charge of “Assault Impeding Breath/Circulation” (Choking), is probation still a possibility in Texas?
A: Yes. A person who has not previously been convicted of a felony in Texas or any other state may still be eligible for probation. In these cases, probation can be granted as part of a plea agreement or, after a finding of guilt, the defendant may ask a jury to recommend probation.
If there are prior felony convictions, probation is generally only available if it is offered as part of a plea bargain by the prosecution or approved by the court.
MC Tip
Texas punishment and probation laws are complex, and felony assault cases often carry consequences that are not immediately obvious. That’s why we believe in sitting down with each client early and at every stage of the case to carefully review all available options. When the stakes are this high, early strategy and honest communication matter. If you or someone you care about is facing felony charges in Dallas, Collin, Denton, or Tarrant County or the surrounding areas, contact MC Criminal Law today.