Assault against a family member by impeding breathing is a criminal offense in the state of Texas that refers to intentionally, knowingly, or recklessly causing bodily injury to a family member, household member, or someone with whom the offender has a dating relationship and specifically targeting the victim’s normal breathing or blood circulation.
This offense is distinct from general assault charges, as it focuses on the unique nature of the act, which includes the increased level of danger and harm that impeding breathing can cause to the victim.
How Is Impeding the Normal Breathing or Circulation of Blood of a Victim Defined in Texas?
In Texas, impeding the normal breathing or circulation of blood of a victim is defined as applying pressure to the person’s throat or neck or blocking the person’s nose or mouth in a way that restricts or interferes with their normal ability to breathe or their blood flow.
Impeding a victim’s normal breathing or blood circulation can include actions such as choking, strangling, or smothering the victim. The definition emphasizes the intent to cause harm or the reckless disregard for the potential harm caused to the victim.
Is Assault on a Family Member by Impeding Breathing Considered to be a Felony?
Assault on a family member by impeding breathing is considered a felony in Texas. Specifically, it is classified as a third-degree felony. Felony charges are reserved for more serious crimes, and a third-degree felony assault on a family member is punishable by a term of imprisonment ranging from 2 to 10 years in state prison and/or a fine of up to $10,000.
What Is the Punishment for This Crime in Texas?
In Texas, assault on a family member by impeding breathing is a third-degree felony. The punishment for a third-degree felony in Texas includes a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.
If the accused has a prior assault against a family member conviction, the punishment may be more severe. Under Texas Penal Code Section 22.01(b-2)(B), if a person has a prior conviction for a domestic violence offense, the subsequent offense of assault on a family member by impeding breathing is elevated to a second-degree felony. This means that the potential prison sentence can increase from 2-10 years to 2-20 years.
Why Was I Charged with Third Degree Felony Assault on a Family Member When I Didn’t Impede or Choke Anyone?
In your situation, it’s possible that you were charged with third-degree felony assault on a family member even if you did not impede or choke anyone due to the interpretation of the law by law enforcement.
Law enforcement officers have a responsibility to investigate and respond to domestic violence incidents, and their actions are guided by Texas state laws and local policies. However, in some cases, law enforcement officers may misinterpret the law or the facts of the situation and charge you with a crime you did not commit.
Here are some examples of how this could happen:
- Misinterpretation of the evidence: In some cases, law enforcement officers may misinterpret the evidence or facts of your situation, leading them to believe that you committed an assault even if you did not. For example, law enforcement officers may misinterpret a physical altercation or other evidence to believe that you committed an assault, even if you did not intentionally impede or choke anyone.
- Misunderstanding of the law: Law enforcement officers are required to follow the law when responding to domestic violence incidents, but they may misinterpret the law or misunderstand how it applies in a particular situation. For example, an officer may not understand the definition of assault under state law or may not realize that certain actions do not meet the legal definition of assault.
- Bias or prejudice: Unfortunately, law enforcement officers may be influenced by their own biases or prejudices, which can lead them to misinterpret the situation or the law. For example, an officer may be more likely to assume that you committed an assault based on your gender, race, or other factors, even if the evidence does not support that conclusion.
In these cases, remember that being charged with a crime is not the same as being convicted.
If you find yourself in such a situation, you have the right to:
- Remain silent and not incriminate yourself.
- Speak with an attorney.
- Have an attorney present during any questioning.
- Be represented by an attorney during all court proceedings.
In a Texas third-degree felony assault on a family member case, these rights can help protect you and ensure your side of the story is heard.
The right to remain silent and not incriminate yourself protects you from being forced to admit to a crime you did not commit. Anything you say can be used against you in court, so it’s best to exercise your right to remain silent until you speak with an attorney.
The right to speak with an attorney ensures that you have access to legal counsel who can advise you on your rights and the best course of action to take. An attorney can help you understand the charges against you, the potential consequences, and help you build a strong defense.
The right to be represented by an attorney during all court proceedings ensures that you have someone who can defend you in court and ensure that you receive a fair trial. An attorney can help you understand the felony charges against you, negotiate with prosecutors for a lesser sentence, and present evidence to the jury in your favor.
The right to have an attorney present during any questioning ensures that you have legal counsel to protect your interests and ensure that your rights are not violated during any questioning by law enforcement.
Law enforcement can potentially violate your rights during questioning in a number of ways, which is why you need to have an attorney present.
Some examples of how law enforcement can potentially violate your rights during questioning include:
- Coercing or pressuring you to make a statement: Law enforcement may use aggressive or intimidating tactics to try to get you to make a statement or confession, even if you are not guilty. An attorney can help protect your rights and ensure that you are not coerced into making a statement.
- Violating your Miranda rights: The Miranda warning is a statement that law enforcement officers must give to a suspect before questioning them in custody. This warning informs the suspect of their right to remain silent and their right to an attorney. If law enforcement fails to provide the Miranda warning or violates a suspect’s Miranda rights during questioning, any statements made by the suspect may be inadmissible in court.
- Denying access to an attorney: If you request an attorney during questioning, law enforcement must stop questioning you until you have had an opportunity to speak with an attorney. If law enforcement denies you access to an attorney, it can be considered a violation of your rights.
Should I Talk to a Lawyer about My Assault against a Family by Impeding Breath Charge?
If you are facing an assault against a family member by impeding breathing charge in Texas, it is strongly recommended that you speak with an experienced criminal defense attorney. A Texas criminal lawyer can help you understand the charges against you, evaluate the evidence, and develop a defense strategy to protect your rights and achieve the best possible outcome for your case.
Use LegalMatch to find a pre-screened, qualified Texas criminal lawyer who can help you with your case.
