Choking cases are so much more severe than garden-variety assault charges!

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: 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.

The most accurate way of predicting attorneys’ performance in the future is to examine the results they have achieved in the past.

Case Results

State of Texas vs. J.S. Investigations: Felony Continuous Assault/Family Violence within 12 Months & Felony Assault by Impeding Breath/Choking.

The alleged victim was J.S.'s girlfriend. She advised the police that not only had J.S. continuously assaulted her for a long period of time, but also that he recently threw her up against a wall in hotel room several times, choked her and threatened to murder her. The police officer reported that she had "major bruising on her left arm, lip, and left eye." The officer also noted in his report that she had "major bruising …on her torso on the lower right side, and on her right up arm. The bruising on her left arm was purple and yellowish in color and approximately 10 inches long. The bruising on her lower right side was the same color and approximately 4 inches wide. The bruising on her right upper arm was the same color and approximately 5 inches wide. She had the same color bruises underneath her left eye and above her right upper lip."

After being arrested, J.S. foolishly spoke with the detective and admitted to assaulting his girlfriend. Despite all of those facts, J.S. immediately hired us and our defense team got all the charges dismissed.

Result: DESPITE HORRIBLE EVIDENCE AGAINST J.S., MR. PELLEY FOUND A WAY TO GET ALL THE INVESTIGATIONS CLOSED AND THE CASE DISMISSED.

State of Texas vs. K.H. Charge: Felony Assault - Family Violence Choking/Impeding Breath

K.H. was arrested for getting in an argument with his wife. The police were called and his wife told them upon their arrival that he had put his hands around her neck and choked her during the disagreement. The police arrested him for a 3rd Degree Felony and he was facing a possible 10-year sentence. However, K.H. came and hired us the day after he posted bond, and we submitted a "packet" to the Grand Jury. Result: GRAND JURY "NO-BILLED" THE CASE; CHARGES DROPPED.

State of Texas vs. A.B. Charge: Felony Assault - Family Violence Choking/Impeding Breath

A.B.'s fiancé had a horrible temper. First she terrorized A.B. by breaking plates all over the ground of his (not her) townhome. She got so loud that neighbors called the police. When they got to A.B.'s townhome, it looked like a tornado had ripped through the cabinets and thrown everything all over the place. Fiancé told the police that A.B. choked her. He hired us the next day and we submitted a "packet."Result: GRAND JURY "NO-BILLED" THE CASE; CHARGES DROPPED.

State of Texas vs. T.S. Charge: Felony Assault-Family Violence

T.S. had a prior assault case his wife brought against him back in 2002. He was arrested for assault against her again in 2015. That enabled the District Attorney's Office to enhance this current charge to a 3rd Degree felony that not only left T.S. facing 10 years, but also deportation if he was convicted. He hired us immediately after the arrest, and we submitted a "packet" to the Grand Jury.

Result: GRAND JURY "NO-BILLED" THE CASE; CHARGES DROPPED.

State of Texas vs. G.C. Charge: Felony Assault - Family Violence Choking/Impeding Breath

G.C. was a member of a Special Forces in Europe before coming to the U.S. He was not a U.S. Citizen, so if he were convicted of what he was arrested for, he was facing deportation and denial of naturalization. His bi-polar wife got mad and him and told the police that he choked her. G.C. got out of jail on bail, hired us immediately and we submitted a "packet" to the Grand Jury.

Result: GRAND JURY "NO-BILLED" THE CASE; CHARGES DROPPED.

State of Texas vs. M.S. Charge: Felony Assault - Family Violence Choking/Impeding Breath

There were 3 separate assault cases against M.J. and 1 Interference with an Emergency Phone Call case. Client was looking at losing his job, getting run over in the divorce and he hired us shortly after his arrest.Result: CASE DISMISSED.

State of Texas vs. M.W. Charge: Felony Assault - Family Violence Choking/Impeding Breath

Client hired us after she was arrested for killing a person with her car.Result: CASE DISMISSED.

State of Texas vs. M.J. Charges: 3 Assault Causes Bodily Injury-Family Violence & Interference with a 911 Call

There were 3 separate assault cases against M.J. and 1 Interference with an Emergency Phone Call case. Client was looking at losing his job, getting run over in the divorce and he hired us shortly after his arrest.Result: ALL 4 CASES WERE DISMISSED.

State of Texas vs. T.O. Charge: Homicide.

Client hired us after she was arrested for killing a person with her car.Result: CASE DISMISSED.

State of Texas vs. J.E. Charge: 1st Degree Felony Assault Family Violence--Serious Bodily Injury

J.E. was arrested after an argument with his live in girlfriend that resulted in her ending up in the hospital. He was facing 99 years behind bars, and wisely hired our firm as soon as he learned of the charges. We went to work for J.E. immediately.Result: CASE DISMISSED.

State of Texas vs. C.S. Charge: Felony Assault on a Public Servant--Habitual Offender

C.S. has a horrible criminal history record for very violent offenses and is not much smaller than an NFL linebacker. He has spent quite a bit of his adult life behind bars. C.S. was at a bar drinking heavily one night, a fight broke out and police on the scene arrested him for assaulting them when his girlfriend claimed she was scared for her life and trying to get away from him. C.S. was staring down the wrong end of a 25-life sentence and he hired us prior to the Grand Jury. We submitted a "packet", and that ended C.S.'s nightmare within weeks.Result: GRAND JURY "NO-BILLED" THE CASE; CHARGES DROPPED.

State of Texas vs. B.P. Charge: Assault Causes Bodily Injury-Family Violence

B.P. was in a nasty divorce and child custody battle. His soon to be ex-wife called the cops on him and said he had assaulted her even though she had a loaded handgun out of the safe and in her closet. Of course, they arrested B.P. and the wife got to sleep in a warm bed at home. B.P. hired another law firm that advised him to take a plea for probation before the divorce was over. Naturally, that could very well be the gateway for the mentally unstable future ex-wife to get custody of the kids. B.P. was represented by the other lawyer for months, and fired him because he refused to try the case. We were then hired, and set the matter for a jury trial at our very first appearance within 15 minutes of reviewing the State's file. Within a matter of weeks, the case was completely dismissed.Result: CASE DISMISSED.

State of Texas vs. B.H. Charge: Assault

B.H. was a Marine. He got in a fight with another very big man. That very big man left the fight covered in his own blood in an ambulance and was taken to a hospital. The DA refused to drop the case. Both B.H. and the other man testified that they got into a fight and that B.H. beat the other man so badly that he had to be taken to the hospital. The matter was taken to a jury trial. Our trial attorney argued that it was "mutual combat." Much to the shock of the judge and District Attorney, the jury agreed and set B.H. free.Result: JURY VERDICT: NOT GUILTY

State of Texas vs. F.L. Charge: Felony Assault Causes Bodily Injury

C.J. was in his mid 30s when he went to jail on the above two felonies. C.J. had spent most of his adult life in prison. He did 5 years on a sexual assault of a child charge. C.J. was discharged from prison and spent 2 whole years as a free man until he was sent away for another 5 years for sexual assault of a child. C.J. was facing a minimum of 25 years up to life in prison because of the two prior pen trips. His family hired our firm. Although there was air-tight evidence that he committed these two new offenses with a loaded 9 Glock, he was not even convicted.Result: DEFERRED ADJUDICATION PROBATION.

State of Texas vs. S.C. Charge: Assault Causes Bodily Injury-Family Violence

S.C. hired us. The case was dismissed.

Result: CASE DISMISSED.

State of Texas vs. B.I. Charge: Assault Causes Bodily Injury

Result: CASE DISMISSED.

State of Texas vs. S.O. Charge: Assault-Family Violence

The State offered a plea bargain agreement that tempted S.O. However, she was in a bad divorce and her divorce lawyer said she needed to hire the best Criminal Defense firm she could find because there were children involved in the divorce and she could lose them if she took a plea. S.O. hired us to try her case to a jury.Result: JURY VERDICT: NOT GUILTY.

State of Texas vs. S.W. Charge: Assault Causes Bodily Injury-Family Violence

S.W. hired us and the State refused to dismiss the case so we had a jury trial.Result: JURY VERDICT: NOT GUILTY.

State of Texas vs. D.D. Charge: Assault

D.D. was an Ex-Marine. The complainant was under 5 feet tall and 120lbs and she sustained physical injuries on the night in question. He was accused of throwing her around and beating her. Then he hired our firm and we went to work immediately.Result: CASE DISMISSED.

State of Texas vs. A.D. Charge: Felony Assault-Family Violence Choking/Impeding Breath

After a long night of drinking and arguing with his paramour/business partner, the police were finally called on A.D. Upon arrival at his residence, the police took his badly injured business partner/girlfriend to the hospital where she advised the authorities that A.D. choked her during their long argument/fight.

A.D. and his girlfriend owned a very profitable business together, and if these charges would have stuck they would have lost between 2-3 million dollars in revenue per year from losing just one contract!!! Before seeing Mr. Pelley, they hired another lawyer/former prosecutor who advised them for months that he did not think they had a chance to beat the case. A.D. then came in and hired Mr. Pelley. Within 2 court appearances, Mr. Pelley got the felony charge dismissed and they were able to save millions of dollars in addition avoiding prison time.

Result: A.D. decided he wanted to hire our firm after he was unhappy with his current lawyer and Mr. Pelley promptly got the felony charge dismissed.