In Texas, assault charges can range from misdemeanors to felonies, depending on the severity of the offense and the surrounding circumstances. One factor that can significantly elevate an assault charge is impeding someone’s breath or blood during the assault. This act, known as “felony assault impeding,” is taken very seriously under Texas law and carries severe consequences.

This blog post aims to shed light on what constitutes felony assault impeding in Texas. We’ll explore the legal definition of assault, explain how impeding someone’s breath or blood  elevates the charge to a felony, and discuss the potential penalties you could face if convicted.

If you or someone you know has been charged with felony assault impeding, it’s crucial to understand your rights and have experienced legal counsel on your side. At M|C Criminal Law, our dedicated team in Dallas is committed to providing skilled and aggressive defense for individuals facing these serious charges. We’ll work tirelessly to protect your rights and fight for the best possible outcome in your case.

What is Assault in Texas?

In Texas, assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. It can also include intentionally or knowingly threatening someone with imminent bodily injury, or even intentionally or knowingly causing physical contact with another person when you know or should reasonably believe they will find that contact offensive or provocative.

Essentially, assault encompasses a range of actions that cause harm or threaten harm to another individual.

Texas law categorizes assault offenses into different levels of severity:

• Class C Misdemeanor: This is the least serious type of assault, often involving offensive touch but no visible injury. For example, this might include shoving someone in a way they find offensive. A conviction for a Class C misdemeanor can result in a fine of up to $500. (Texas Penal Code § 22.01(a)(3))
• Class A Misdemeanor: This is a more serious type of assault, typically involving causing pain or injury to the victim. This could include a punch that leaves a bruise or a slap that causes pain. A conviction for a Class A misdemeanor can result in up to one year in jail and a fine of up to $4,000. (Texas Penal Code § 22.01(b))

It’s important to note that assault charges can be enhanced to a felony level under certain circumstances, such as when the assault causes serious bodily injury or involves the use of a deadly weapon. We’ll discuss one of these circumstances – impeding someone’s breath – in the next section.

What is Felony Assault Impeding?

In Texas, a simple assault charge can become a serious felony if the assault involves impeding the victim’s breath or blood. This means that if someone is accused of intentionally, knowingly, or even recklessly restricting another person’s normal breathing during an assault, they can be charged with felony assault impeding.

What does “impeding” mean in this context?

Impeding, in this case, refers to any action that obstructs or hinders the victim’s ability to breathe freely. This can include:

• Choking: Applying pressure to the victim’s throat or neck.
• Strangulation: Constricting the victim’s airway, often with hands or an object.
• Suffocation: Blocking the victim’s nose or mouth, preventing them from inhaling oxygen.
• Other actions: Any other method that interferes with the victim’s ability to breathe normally, such as holding them underwater or placing a plastic bag over their head.

Important points to remember:

• Even momentary impedance is enough: The law doesn’t require that the victim lose consciousness or suffer lasting injury. Even a brief interruption of their breathing can be enough to support a felony charge.
• Intent is not always necessary: Prosecutors don’t have to prove that the accused intended to cause serious harm or injury. If their actions recklessly impeded the victim’s breathing, they can still be found guilty.
• This charge only applies in domestic violence cases: Felony assault impeding is  charged in cases of domestic violence, where an assault occurs between family members, household members, or dating partners.

Felony assault impeding is a serious offense with severe consequences.

If you are facing this charge, it’s crucial to seek legal representation immediately. An experienced criminal defense attorney can help you understand the charges against you, protect your rights, and build a strong defense strategy.

Penalties for Felony Assault Impeding

Felony assault impeding is a serious crime in Texas. It is typically classified as a third-degree felony. This means that a conviction can carry significant penalties, including:

• Prison time: A third-degree felony is punishable by a prison sentence ranging from 2 to 10 years. The actual sentence imposed will depend on various factors, including the specific circumstances of the offense, the defendant’s criminal history, and the judge’s discretion.
• Fines: In addition to prison time, a conviction can result in a fine of up to $10,000.
• Criminal Record: A felony conviction will remain on your permanent record, potentially impacting your employment opportunities, housing options, and other aspects of your life.

Enhanced Penalties

In some cases, the penalties for felony assault impeding can be even harsher. For example:

• Prior Convictions: If the defendant has prior convictions for domestic violence or other violent offenses, the charge can be enhanced to a second-degree felony. A second-degree felony carries a prison sentence of 2 to 20 years and a fine of up to $10,000.
• Serious Bodily Injury: If the assault results in serious bodily injury to the victim, the charge can also be enhanced to a second-degree felony.

Beyond the Direct Penalties

It’s important to remember that the consequences of a felony assault impeding conviction extend beyond the direct penalties imposed by the court. A felony conviction can also result in:

• Loss of firearm rights: Federal law prohibits individuals convicted of felony domestic violence offenses from owning or possessing firearms.
• Difficulty finding employment: Many employers conduct background checks and may be reluctant to hire someone with a felony conviction.
• Immigration consequences: If you are not a U.S. citizen, a felony conviction can lead to deportation or denial of citizenship.

Given the severity of the potential penalties, it is crucial to seek experienced legal representation if you are facing a felony assault impeding charge. A skilled criminal defense attorney can help you understand the charges against you, protect your rights, and fight to minimize the negative impact on your life.

Defenses Against Felony Assault Impeding Charges

Facing a felony assault impeding charge in Texas can be daunting, but it’s important to remember that you have the right to a strong defense. A skilled criminal defense attorney can explore various legal strategies to challenge the prosecution’s case and protect your rights.

Here are some potential defenses that may be applicable:

1. Self-Defense:

• Reasonable Belief: If you genuinely believed that you were in imminent danger of bodily harm and that impeding the other person’s breath was necessary to protect yourself, you may be able to claim self-defense.
• Proportionate Force: The force you used must have been proportionate to the threat you faced. In other words, you can’t use deadly force to defend yourself against a minor threat.

2. Lack of Intent:

• Accidental Impeding: If you accidentally impeded the person’s breath during a struggle or while trying to restrain them, you may be able to argue that you did not have the necessary intent to commit the offense.
• No Intent to Impede: You might argue that your actions were not intended to impede their breathing, but rather to accomplish some other goal, such as preventing them from biting you or grabbing a weapon.

3. Motive to Lie:

• Unreliable Witness: Proving that the person accusing you has a motive to lie can serve as a powerful defense. Common reasons for false accusations include revenge after a breakup, financial gain, custody battles, or disputes over property ownership. Providing evidence of these motives can undermine the credibility of the witness and strengthen your case.

4. Lack of Evidence:

• Insufficient Proof: The prosecution has the burden of proving every element of the offense beyond a reasonable doubt. If the evidence is weak, inconsistent, or unreliable, your attorney can argue that the prosecution has not met this burden.

5. Consent:

• Certain Circumstances: In some very limited circumstances, consent might be a possible defense. For example, if the alleged victim consented to a chokehold as part of a consensual sexual act, this could potentially be a defense. However, consent is not a defense to strangulation or other forms of assault that cause injury.

Important Note: The success of any defense strategy will depend on the specific facts and circumstances of your case. It’s crucial to work with an experienced criminal defense attorney who can thoroughly investigate the charges, gather evidence, and build the strongest possible defense on your behalf.

The M|C Criminal Law Difference

Facing a felony assault impeding charge in Texas is a serious matter with potentially life-altering consequences. It is absolutely vital to have experienced legal representation to protect your rights and navigate the complexities of the legal system.

At M|C Criminal Law, we understand the gravity of these charges and are dedicated to providing skilled and aggressive defense for our clients in Dallas.

Here’s how we can help:

• In-depth understanding of Texas law: Our team possesses extensive knowledge of Texas assault laws and the nuances surrounding felony assault impeding charges.
• Thorough investigation: We will conduct a comprehensive investigation of the incident, gathering evidence, interviewing witnesses, and analyzing all relevant details to build the strongest possible defense strategy.
• Strategic defense: We will explore all available legal defenses, including self-defense, lack of intent, mistaken identity, and challenging the prosecution’s evidence.
• Protecting your rights: We will ensure your rights are protected throughout the legal process, from the initial arrest to the final disposition of your case.
• Minimizing the impact: We will work tirelessly to minimize the potential consequences of the charges, fighting to reduce penalties and protect your future.

Don’t face these charges alone.

If you or someone you know has been charged with felony assault impeding in Texas, don’t hesitate to contact M|C Criminal Law. We are available to answer your questions and provide the support you need during this challenging time.

Remember: Everyone deserves a fair defense. We believe in your right to due process and will fight vigorously to protect your freedom and your future. Contact us today and let us help you navigate this difficult situation.