Impeding Breathing or Circulation Domestic Violence
Fort Worth Criminal Defense Attorney
The police are often pushing to turn a family violence case into an assault by choking (strangulation). So, a case that would normally be a Class A Misdemeanor turns into a Third Degree Felony assault charge. If you are charged with assault by impeding breathing then we usually start by meeting with the “victim” in the case. We need to do this, so we can get a new statement that clears up the confusion caused by police pressure at the time of the initial call. Once we get this straightened out, we can develop the rest of our strategy for getting your assault charge dropped.
Domestic violence lawyers need to have a good understanding of the law, trial strategy, and the local practices. Tarrant County has very strict policies with regard to “family violence” cases, especially felony assault family violence charges. Texas assault family violence charges have serious consequences, especially if they are felony assault charges. The most common way an assault case is elevated to a felony assault family violence charge is by the government alleging choking or impeding breathing. If you’re researching to find the best criminal defense attorney for your case then read our profiles and reviews. We want to add you to our long list of happy clients.
Felony Assault Family Violence – Choking
Under Texas assault law, if a person assaults someone that is a family member, dating partner, or a “household” member the assault charge is a Third Degree Felony if the person accused of assault is said to have intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood by applying pressure to a person’s throat or neck or by blocking the person’s nose or mouth. Allegation of this nature can include putting someone in a “headlock,” putting your hands around someone’s throat, putting a bag over someone’s head, or a variety of different ways. You may see the abbreviation “asslt fv imped” or “assault fam/house mem impede breath/circulat” used on court notices or bond paperwork.
Sometimes these cases are difficult because they are “he said, she said” cases, so you’re left with trying to prove you DIDN’T do it. However, in other cases there may be photos of marks on a person’s neck. Assault family violence in Texas is very serious charges, especially if it is an accusation of choking. Regardless of the facts of a choking assault family violence case, you need a skilled and aggressive Fort Worth Criminal Defense Attorney to work on your case. We have extensive experience in defending these “Impeding Breathing” cases. You can schedule an appointment at our Fort Worth law office by calling 817-810-9395.
Texas Penal Code Assault Family Violence – Choking
Is choking assault? Yes, if the alleged victim is a family member then choking is a Third Degree Felony. The assault section of the Texas Penal Code can be a confusing, because it lays out the general way a person can commit an assault and then breaks down different ways an assault charge can be enhanced. Texas Penal Code Section 22.01(b)(2)(B) contains the enhancement for assault family violence by choking or impeding breathing. It increases the punishment of an assault family violence charge from a Class A Misdemeanor to a Third Degree Felony. To better understand the possible extent of your assault charge you need to speak with an experienced criminal defense attorney.
The Texas Penal Code Section 12.34 contains the punishment range for a Third Degree Assault Family Violence charge. If a person is found guilty of a third-degree assault the law says the penalty is imprisonment in the Texas Department of Criminal Justice (TDCJ-ID) for a minimum of 2 years and up to 10 years. Additionally, a person found guilty of a third degree domestic violence charge may be charged a fine of up to $10,000. Repeat and habitual offender enhancements in Texas Penal Code Section 12.42 apply. Along with, probation eligibility laws contained in the Texas Code of Criminal Procedure Article 42.12. You need to consult with a skilled assault family violence defense attorney to understand the full range of punishment in a Texas domestic violence charge.
Manner and Means for Assault Family Violence – Impeding Breathing
What does impeding breathing mean? Strangulation or choking cases can be charged in various ways including ligature, manual, and hanging. The use of an object such as a piece of rope, belt, clothing, cord, or other device wrapped around the neck is considered ligature strangulation. When a person is accused of using hands or arms for choking, or placing a foot or other body part onto the another person’s neck or throat, this is called manual strangulation. The rarer form of assault family violence accusation is hanging which is suspension by a cord wrapped around the neck. Aside from strangulation or choking, an impeding breathing charge may be filed for a suffocation accusation which involves covering the mouth and/or nose and can be done with hands or with an object such as a plastic bag or pillow.
If the assault by strangulation or impeding breathing is by a ligature then the State may allege a “deadly weapon.” Alleging an assault with a deadly weapon may change the charge to Aggravated Assault of a Family Member. The use of a deadly weapon makes an assault charge fall under what is commonly known as a “3g Offense.” So, in addition to the penalty being increased to a Second Degree Felony, a person cannot be given probation by a judge if the person is found guilty at trial. Eligibility for probation can be a complex area of criminal law. Like any question about the possible penalties, you need to speak with an expert in criminal law to discuss Texas law on domestic violence. You may see Aggravated Assault of a Family Member (domestic violence) abbreviated as “agg aslt dv-impede breathing” in jail or court documents.
Evidence in Domestic Violence – Choking Cases
Unfortunately, a person that is looking for signs or symptoms of assault by choking can just “Google” the term and a list is easily found on a variety of advocacy groups’ websites. Sadly, in some instances the allegations of abuse are manufactured by the complaining witness. Often, the “signs of abuse” may be present when the “victim” became violent and the person accused actually was defending himself or herself. A person willing to make these serious false allegations has a wealth of resources for making a convincing complaint of police report.
Police and domestic abuse advocates are looking for “signs of abuse,” including:
- Red Spots on the face and/or neck due to blood vessels that may have burst. These may appear as small red spots and in photos often acne confused for these spots. These spots are called petechiae;
- Bloody-red eyeball(s) caused by capillary rupture in the white portion of the eyes;
- Abrasions under the chin;
- Reported rope or cord burns;
- Reported neck swelling or stiffness;
- Apparent raspy voice or panting;
- Seem to have difficulty speaking;
- Reporting a sore throat or trouble swallowing;
- Involuntary defecation or urination;
- Describing numbness of extremities;
- Complaints of headaches; or
- Complaints of dizziness.