Strong Family Violence Criminal Defense in Tarrant County and the Dallas – Fort Worth Area
Chapter 22 Section 22.01 of the Texas Penal Code enumerates a variety of prohibited conduct generally referred to as assault, including assault impeding breath or circulation.
Due to the violent nature of the allegation, a person accused of assault needs a strong criminal defense attorney to protect them from severe consequences.
Sloane Law Firm Assault Criminal Defense Attorneys are ready to fight for you and your loved ones.
Your future is at stake—do not hesitate to contact the Sloane Law Firm
Assault Impeding Breath or Circulation – Texas Penal Code § 22.01(b)(2)(B)
What is Assault Impeding Breath or Circulation?
Pursuant to Texas Penal Code § 22.01(b)(2)(B), a person commits the offense of Assault Impeding Breath or Circulation if the person intentionally, knowingly, or recklessly impedes the normal breath or circulation of blood of a family or household member, or a person to whom the actor has or had a dating relationship, by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
Who is considered a family member for family violence purposes?
Under Texas Family Code § 71.003, family includes individuals related by blood or marriage, individuals who are former spouses, individuals who are the parents of the same child, and a foster child and foster parent.
Who is considered a household member for family violence purposes?
Under Texas Family Code § 71.005, a household is a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. The term household member also includes a person who previously lived in a household.
What is considered a dating relationship for family violence purposes?
Dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the persons involved. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship.
What is a Family Violence Finding in Assault Impeding Breath or Circulation?
What is considered family violence?
Pursuant to Texas Family Code § 71.004, family violence is an act by a member of a family or household against another member that is intended to result in or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault or dating violence.
What is considered dating violence for family violence purposes?
Pursuant to Texas Family Code § 71.0021, dating violence is an act by a defendant that is committed against a victim with whom the defendant has or had a dating relationship or because of the victim’s marriage to or dating relationship with an individual with whom the defendant is or has been in a dating relationship or marriage and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault.
When is the Court required to make a family violence finding?
Texas Code of Criminal Procedure Article 42.013 requires an affirmative finding of family violence if the facts show that the offense involved family violence as defined by the Texas Family Code.
What are the consequences of an affirmative family violence finding?
An affirmative family violence finding has devastating lifelong consequences, such as loss of second amendment rights to own, possesses, or purchase firearms, future exposure to possible criminal punishment enhancements, and unique impacts on probation eligibility and conditions.
Assault Impeding Breath or Circulation Punishment – Texas Penal Code § 22.01(b)
What is the punishment range for Assault Impeding Breath or Circulation?
Assault Impeding Breath or Circulation is a Third-Degree Felony, punishable between two to ten years in prison and a fine up to $10,000.
A person convicted of Assault Impeding Breath or Circulation may be eligible for community supervision probation. The applicable supervision period is between two to ten years.
To learn more, visit Do I Need a Lawyer for a Third-Degree Felony?
Assault Impeding Breath or Circulation Punishment Enhancement – Texas Penal Code § 22.01
Can the punishment range for Assault Impeding Breath or Circulation be enhanced?
Yes. Assault Impeding Breath or Circulation may be enhanced from a Third-Degree Felony to a Second-Degree Felony, punishable between two to 20 years in prison and a fine up to $10,000 if the actor has a previous family violence conviction.
What offenses qualify as a previous family violence conviction?
The follow offenses qualify as a previous family violence conviction if committed against a family or household member, or against a person the actor is or was in a dating relationship with:
- Abandoning or Endangering a Child
- Aggravated Assault
- Aggravated Kidnapping
- Aggravated Sexual Assault
- Aiding Suicide
- Assault – Bodily Injury
- Assault by Offensive Contact
- Assault by Threat
- Capital Murder
- Continuous Violence Against the Family
- Criminally Negligent Homicide
- Deadly Conduct
- Indecency with a Child
- Indecent Assault
- Injury to a Child, Disabled, or Elderly Person
- Kidnapping
- Manslaughter
- Murder
- Sexual Assault
- Terroristic Threat
Does the Previous Offense have to Result in a Final Conviction to Qualify as a Previous Family Violence Conviction?
No. A previous conviction includes people who were adjudged guilty of the offense or entered a plea of guilty or no contest in return for a grant of deferred adjudication, regardless of whether the sentence was probated, and the defendant was subsequently discharged from community supervision.
Can Out-of-State Convictions be Used as a Previous Family Violence Conviction?
Yes. The conviction will be sufficient if the out-of-state conviction was for an offense containing elements that are substantially similar to the elements of any of the qualifying Texas offenses.
What Evidence can be Used to Prove a Previous Family Violence Conviction?
The State may use extrinsic evidence to prove the qualifying family violence relationship for the qualifying offense, regardless of whether the previous conviction had the family violence waived, not applicable, or not available.
How to Fight - Contact Us for a Free Consultation with our Tarrant County Assault Impeding Breath or Circulation Criminal Defense Attorneys
If you or a loved one are facing an Assault Impeding Breath or Circulation accusation, you need a strong criminal defense. Sloane Law Firm Tarrant County Criminal Defense Attorneys are ready to help you fight for your freedom.
Our Tarrant County Family Violence Criminal Defense Lawyers have helped thousands of clients fight Assault Impeding Breath or Circulation cases in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as: