Assault, including Assault by Choking, is defined by Penal Code Section 22.01. In Texas, an allegation that a person intentionally, knowingly, or even recklessly impeded the breath or circulation of blood of someone who is considered a family member will give rise to a third degree felony charge of Assault by Choking or Impeding Breath.
What is Choking or Impeding Breath?
Choking means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to a person’s throat or neck or by block the person’s nose or mouth.
What it the victim had no injuries?
The law does not require bruises, marks, burst capillaries in the eyes (petechiae), or any other type of visible injury for the state to proceed on this charge.
Who is a family member for criminal cases in Texas?
The Penal Code refers to the Family Code for the definition of a family member and it includes individuals who are related by blood or marriage, foster children and parents and individuals who have a child together. Household members also include anyone living in the household and former members of the household.
Can the Victim Drop Charges?
Click here to learn about the Tarrant County No Drop Policy
What level offense is Choking or Impeding Breath
This is a third degree felony, unless the person has a prior family violence conviction in which case it is enhanced to a second degree felony.
Is Choking a “3g” Offense?
Assault by Impeding Breath or Choking is not a 3g offense. Click here to learn more about 3g offenses. However, the State may allege the item that was used, whether it was hands or rope or some other object, was a deadly weapon. The Deadly Weapon paragraph, if found to be true, will make the offense a 3g offense.
What should you do if you’ve been charged with Assault by Choking or Impeding Breath?
First, hire the best criminal defense attorney for your needs. Our attorneys include Board Certified Criminal Law Specialists. Additionally, all our Partners are former Tarrant County prosecutors. In a number of these cases, we have successfully had the cases no-billed at the grand jury stage or reduced to misdemeanors without convictions.
See what people are saying:
By: A. A.
Title: Don’t look any further.
I retained Benson for a felony assault family violence charge. As someone who has never been in any serious trouble before the process was very confusing and nerve wracking. Benson met with me and gave me all of my options, the good and the bad. I was especially impressed with their client portal and the very fast responses he always sent to my questions. Benson immediately went to work to draft a gameplan for my case. I only had to go to court one time and it lasted less than 30 minutes. My case was no billed by the grand jury. I don’t think I would have had an outcome as favorable if it weren’t for the sage representation of Varghese Summersett. If you are looking for an experienced attorney who will fight for you no matter how serious the charges, please go with Varghese Summersett!
Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:
- Discuss the facts of your case;
- Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
- Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.
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