Tarrant County Assault Impeding Breath or Circulation Criminal Defense Attorney

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. The Law Office of David Sloane 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: