Assault Impeding Breath/ Circulation Put Unparalleled Defense In Your Corner

Tarrant County Assault Impeding Breath or Circulation Criminal Defense Attorney

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.

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 causal 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:

Contact us today at (817) 349-7118 for a FREE Consultation with the Tarrant County Assault Criminal Defense Lawyers at Sloane Law Firm!

Continue Reading Read Less

Contact Us Today

Request a Free Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Sloane Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

Case Dismissed Theft of Property $750 - $2,500
Reduced to Misdemeanor Aggravated Assault with a Deadly Weapon and Evading Arrest
Reduced to Obstruction of a Highway Driving While Intoxicated 2nd (DWI)
Motion to Adjudicate Dismissed Motion to Adjudicate - Possession of 4 to 200 grams of Methamphetamine, Evading Arrest with a Vehicle, and Theft of $30,000 to $150,000
Case Dismissed Assault Bodily Injury - Family Member

View All Results

Testimonials From Real People

See What Clients Have Said About Us

"If you’re looking for someone that’s gonna have your back and someone that’s going to get the best deal for you, this man right here is your guy."
If you’re looking for someone that’s gonna have your back and someone that’s going to get the best deal for you, this man right here is your guy. I can be in jail right now but if it wasn’t for him and what he the amount of work he puts in the city I am not I am very thankful he will work you and your budget time isn’t a factor but the sooner the better 1000 stars

- Quaran
"There is no one better to have on your side!"
Highly recommend David and his team to go to the mat for you if you find yourself in an impossible situation initiated by law enforcement. He and his paralegals understand the current issues that affect today. They are extremely proficient as well as really good w/ their clientele. They are the best I've ever seen!

- Angela
"He is knowledgeable, fun, outgoing, and a pleasure to work with. Thank you so much David for your positive attitude, charisma, and wealth of experience."
David Sloane is the only name you need to know if you find yourself in trouble. I was charged with possession of marijuana along with the other two people that were in the car with me. They were charged and given 12 months of probation, 80 hours of community service, a DOEP class, and a slew of other hoops to jump through. I had my case completely dismissed thanks to Mr. Sloane's hard work and dedication to his clients. Not to mention he drove 6 hours and made an overnight trip to represent me in Hale County. He is knowledgeable, fun, outgoing, and a pleasure to work with. Thank you so much David, your positive attitude, charisma, and wealth of experience have made this whole process so much more bearable.

- Erich
"If he can’t help you he knows someone that can."
Great guy! Always helping out when it matters most. I recommend him to all my friends and family when in need and if he can’t help you he knows someone that can.

- Judunn
"5 stars! If I could.. 10!"
A great, outgoing and easy to talk to attorney. Mr. Sloane gets right to the point and knows to handle a case. Worth your money I promise you. 5 stars! If I could.. 10!

- Mary
"David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known."
David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known. He has helped my family time and time again. We only trust him with our legal issues and you should too. You will not be disappointed with the results. He will fight tooth and nail for you and will not stop. Choosing any other attorney is a mistake.

- Matt
"Words can’t express the gratitude and appreciation I have for him. He’s on your side every step of the way!"
Mr. Sloane and his office are definitely the right lawyers to choose to expect the best outcome of your case. He more than just helped me get through mine, he literally saved my family and I . I made a mistake as we all do, but this was a felony and he did everything in his power to keep me from going to prison and or lengthy probation. It was the best investment I made cause it paid off with minimal penalty. Words can’t express the gratitude and appreciation I have for him. He’s on your side every step of the way!

- Derek
"David Sloane is hands down the best in the area. I couldn't have asked for a more knowledgeable, confident, friendly and charming person even if I tried."
David Sloane is hands down the best in the area. I couldn't have asked for a more knowledgeable, confident, friendly and charming person even if I tried. He is a 100% genuine person who truly cares about the outcome and well-being of his clients and I would recommend him for any kind of criminal law case.

- Jackie

View All Reviews