Dallas-Fort Worth Assault Charge/Impeding Breath Attorney
A case of domestic violence will usually be treated in a more serious fashion than a misdemeanor assault if it is alleged that a person impeded the breathing passageway. In effect, under current Texas law, an assault with the additional allegation that breath was impeded, what would have been a misdemeanor will be classified as a felony. If you are one of those who is facing these charges, we can help you in every possible way.
It important to stress how charges of family or domestic violence in Texas are quite serious. The consequences become even more serious if the charges are enhanced to a felony assault. This can occur if the arresting police officer believes there is evidence to believe the individual did something to impede breathing or choking. Often investigating police officers search for and ask questions of the alleged victim in order to possibly enhance the charge to an assault/impeding breath. Often they will ask, “were his hands anywhere near your neck at any point during the incident?”
Texas Law on Impeding Breathing/Circulation
All assault charges are codified in Section 22 of the Texas Penal Code. If the alleged victim is a family member, then one could be charged with a 3rd- Degree Felony offense. If the alleged victim is not an intimate partner or family or household member, then the charge usually will be filed instead as a Class A misdemeanor. The punishment range for a 3rd degree felony offense can include a possible fine not to exceed $10,000; 2 years minimum, and up to a maximum of 10 years in the Texas Department of Corrections (TDC); and possible Community Service which allows for a judge order not less than 160 hours, but not more than 600 hours.
Section 22.01(b)(2)(B) of the Texas Penal Code contains the relevant portion related to the enhancement for a misdemeanor assault/family violence charge to be enhanced to a felony if there are signs it was conducted either by choking or impeding breathing.
Section 22.01 of the Texas Penal Code states, in relevant part:
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:
(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:
(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
Contact Us Now
A charge of assault impeding breath/circulation in Texas is a very serious offense that needs to be handled in the proper fashion. Attorney Carl David Ceder is a Dallas-Fort Worth assault charge attorney with a wealth of experience and knowledge on how best to mount a successful defense. If you are currently being investigated for assault or have been arrested, it is important that you consult with an experienced and skilled criminal defense attorney as soon as possible a Plano assault lawyer right away. If you have been charged with any type of assault in any area of the Dallas-Fort Worth Metroplex, contact Carl David Ceder for expert assistance and legal counsel. Attorney Carl David Ceder is highly trained and experienced in defending against every type of criminal offense, including all charges of assault and domestic violence. Call The Law Offices of Carl David Ceder at for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394) for help with any assault charge you, or a loved one, may be facing.