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.
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