Impeding Breath or Circulation of a Family Member

Assault Bodily Injury is defined under Texas Law as intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse. You could face additional penalties depending on the specific allegations, including what kind of violence occurred and the identity of your alleged victim. One of these exceptions is violence that impedes breath or circulation.

Texas Penal Code Section 22.01(b)(2)(B) defines that a person commits the offense of assault impeding breath or circulation if the person intentionally, knowingly, or recklessly impedes the normal breath or circulation of blood of a family or household member, or a person to whom the actor has or had a dating relationship, by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. These actions are more commonly referred to as strangulation. It is a crime to even partially impede breathing, meaning it is not necessary to choke someone unconscious for this crime to be committed.

Who is a Family Member?

As most people understand, a “family member” includes your parents, spouses, and siblings. However, this status also extends to any blood relatives and a host of other individuals as well. For example, someone you share a child with is considered a family member, as is a current or former dating partner.

Understanding this distinction is important, as the penalties associated with this offense are higher when the alleged victim is a household member. In this situation, the offense is treated as a third-degree felony.

Impeding Breath or Circulation Penalties

With a third-degree felony, you could face a prison term between two and ten years upon conviction. There is also the potential for a monetary fine of up to $10,000.

Convictions for impeding breath or circulation can lead to more than just jail time or fines. Under federal law, you are prohibited from owning, using, or possessing firearms with a domestic violence conviction on your record. Other collateral consequences of a conviction might include difficulty finding a job or the loss of custody of your children.

Talk to Barton & Associates, Attorneys At Law, PLLC Right Away

An arrest for impeding breath or circulation of a family member is a serious matter, but it will not always result in a criminal conviction. You have the opportunity to fight these charges with the help of skilled legal counsel.

At Barton & Associates, Attorneys at Law, PLLC, we know what is at stake in your case. We will work tirelessly to help you get the best available outcome. Before you consider a plea offer from the State, reach out to us for a private consultation right away.