Typically, assault is charged as a misdemeanor offense and is handled in county court. However, if there is an allegation that the victim was choked, it is a third-degree felony case.
Assault by choking/impeding breath has the following range of punishment:
- 2-10 years of confinement in the Texas Department of Correctional Facilities;
- Up to a $10,000 fine; or
- Both such fine and confinement.
If someone is arrested for Assault By Choking/Impeding Breath, will they automatically have a felony criminal record?
Absolutely not. But, you must have the right criminal defense team. We can help you.
It is critical to immediately address the allegations in a felony assault case from the very outset. Over the years, we have amassed a very impressive record of Grand Jury "No-Bills" (dismissals) in felony assault cases. Our special knowledge of how to submit impressive "packets" to the Grand Jury has saved many, many of our clients from enduring politically driven prosecutions.
Result: Result: Felony Assault by Choking Case "No-Billed" by the Grand Jury and charge dropped. Charge: Assault - Family Violence Choking/Impeding Breath. Client was charged with a 3rd Degree Felony of choking his fiancé and was facing 10 years in prison. A.B. hired us within days of his arrest, where police arrived at the scene after neighbors called and his fiancé because they heard screaming coming from their townhouse. Police arrived on the scene that was covered in broken glass, a broken fence, and a complete mess from the reported incident. State of Texas vs. A.B.
Result: Felony Choking Case Dismissed. Charge Assault - Family Violence Choking/Impeding Breath. This client and his wife spent the afternoon drinking at the Shops at Legacy in Plano. She was scared that he was going to die by him choking her during a drunken argument. He got arrested after being taken to the hospital following a stab wound from a kitchen knife. They sobered up and hired Mr. Pelley and we got the felony charge dismissed. State of Texas vs. P.W.
Result: Felony Choking Case Dismissed. Charge Assault - Family Violence Choking/Impeding Breath. The police were called and the complainant told them that her boyfriend put his hands around her throat. He was arrested for felony impeding breath (choking). After calming down a few days later, she came and hired our team and we got the case dismissed. State of Texas vs. M.B.
What Is Assault by Choking/Impeding Breath?
Texas Penal Code Section 22.01(b)(2) (B) states:
(t)he 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.
What is an Emergency Protective Order In Texas?
After an allegation of Assault by Choking/Impeding Breath, the judge will issue an Emergency Protective Order. The standard order usually provides that the citizen accused cannot go near the complainant's home, work or school for at least 61 days. That is true even if the complainant is residing in the citizen accused's home.
Failure to comply with that order can result in additional criminal charges AND A BOND REVOCATION UNTIL THE DEFENDANT GOES TO TRIAL!
There are almost always more options available if you act prior to the grand jury meeting and shortly after the arrest. After the grand jury indicts your loved one, the matter becomes a political issue. You do not want that to happen.
Contact our experienced Assault by Choking/Impeding Breath defense team today before its too late.
Do not fool yourself by hoping your criminal problems will go away. They will not. Pick up your phone and call us right now at 972-608-0335, or send us AN EMAIL. Our experienced assault defense team is ready to start fighting for you immediately. Each moment that goes by is bad for you, and good for the prosecution.