Understanding Assault Fam House Mem Impede Breath: A Guide to Third-Degree Felony Consequences
If your charges look something like “assault fam house mem impede breath circulat” you may be trying to decipher what it means. Well, it means that your assault family violence charge has been enhanced to a felony. The reason is that the police are alleging that you attempted to impede the breath of the alleged victim. ‘Assault impeding breath‘ involves intentionally or recklessly obstructing a person’s normal breathing or blood circulation, such as by applying pressure to the throat or covering the mouth. These types of charges are treated extremely seriously because it is the type of behavior that can lead to the death of the victim. However, sometimes the charge is enhanced with little or no evidence to indicate that a strangulation ever occurred.
If you are facing a felony assault charge, you should certainly seek out the help of an experienced criminal defense lawyer. Contact us for a free consultation on your case.
Definition and Elements of the Crime
Assault by impeding breath or circulation is a third-degree felony charge under Texas Penal Code 22.01. Assault impeding breathing is a more severe charge than standard assault due to its association with choking or suffocation, emphasizing the importance of understanding the implications of such charges when navigating court proceedings. This crime involves intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
The alleged victim must be a family member, household member, or dating partner. Notably, the crime can be escalated to a second-degree felony if the defendant has a prior conviction for assault family violence. This form of assault, sometimes termed as “assault by impeding breath,” is taken very seriously due to the potential for significant bodily injury and the intimate nature of the offense, often occurring within relationships of a romantic or familial nature.
Third-Degree Felony Consequences
A conviction for assault by impeding breath or circulation of a family member can result in significant penalties. Under Texas law, a charge of misdemeanor assault bodily injury can escalate to a more serious charge of impeding breath or circulation, leading to severe legal consequences, including the prohibition of firearm possession for those convicted. The defendant faces a potential prison sentence of 2 to 10 years and/or a fine not to exceed $10,000. Additionally, the defendant may be required to pay restitution to the alleged victim.
Other consequences include the loss of certain rights, such as the right to possess a firearm. The defendant may also be mandated to attend a battering intervention and prevention program or counseling sessions. Beyond these legal penalties, the social stigma and potential employment issues following a conviction for a third-degree felony can have long-lasting impacts on the defendant’s life, underlining the importance of a robust defense strategy.
The Role of the Alleged Victim
The alleged victim plays a crucial role in the prosecution of an assault family violence case. Their testimony and physical evidence are critical in proving the defendant’s guilt. Actions that impede normal breathing or circulation, such as blocking a person’s airway by restricting their throat, face, mouth, or even a person’s nose, are serious offenses under Texas law. The alleged victim may also be required to testify at trial, and the relationship between the defendant and the alleged victim can impact the severity of the charges. In cases involving family violence, the dynamics of the relationship can significantly influence both the prosecution’s approach and the defense’s strategy.
It’s not uncommon for the alleged victim’s account to be the cornerstone of the case, which is why defense attorneys often scrutinize the consistency and reliability of their statements and the presence of any physical evidence that supports or contradicts their claims.
Defenses to Assault by Impeding Breath or Circulation
Several defenses can be raised in an impeding breath or circulation assault case:
Lack of intent: The defendant may argue they did not intend to impede the alleged victim’s breath or circulation by applying pressure to the person’s throat or blocking their airway.
Self-defense: The defendant may argue they were acting in self-defense.
Lack of evidence: The defendant may argue there is insufficient evidence to prove their guilt.
False accusation: Perhaps the most common defense, the defendant may argue the alleged victim is making a false accusation.
Importance of a Strong Criminal Defense
A strong criminal defense is crucial in an assault by impeding breath or circulation case. An experienced criminal defense attorney can help the defendant navigate the complexities of the case. A robust defense can result in a reduced sentence or even a dismissal of the charges.
Moreover, a criminal defense lawyer can assist the defendant in understanding their rights and options. Given the severity of charges like third-degree felony and the implications of family violence findings, having an experienced criminal defense attorney is essential. They can challenge the evidence presented by the prosecution, question the credibility of the alleged victim, and highlight any inconsistencies in the police reports or testimonies.
Physical Evidence in Assault Cases
Physical evidence is vital in assault by impeding breath or circulation cases. Serious bodily injury is a crucial factor in determining the severity of charges and influencing penalties under Texas criminal law. Evidence such as marks or bruises on the alleged victim’s throat or neck can be used to prove the defendant’s guilt. Conversely, the defendant’s physical evidence, such as injuries or DNA, can also be used to prove their innocence.
A criminal defense attorney can help the defendant understand the importance of physical evidence in their case. For instance, physical contact evidence and forensic analysis can play a significant role in establishing a reasonable doubt regarding the prosecution’s claims. It’s important to scrutinize all physical evidence, including any physical harm or injuries sustained by both parties, to build a strong defense.
Consequences of a Conviction
A conviction for assault by impeding breath or circulation can have serious consequences. The defendant may face a prison sentence, fines, and restitution. They may also lose certain rights, such as the right to possess a firearm. Additionally, a conviction can impact the defendant’s employment and personal relationships. Consequences will be even more serious if charged in conjunction with other crimes like aggravated assault with deadly weapon, or aggravated sexual assault.
The severity of the punishment range underscores the importance of avoiding a conviction. Beyond legal penalties, the stigma associated with a felony conviction, particularly one involving domestic violence, can lead to significant personal and professional setbacks, making it imperative to have an experienced criminal defense lawyer advocating for the defendant. Importantly, every conviction or deferred adjudication will include a family violence finding that cannot be waived.
Dropping Charges and Probation
The alleged victim may request that the charges be dropped. However, the prosecution has the final say in whether to drop the charges. The defendant may be eligible for probation instead of a prison sentence. A criminal defense attorney can help the defendant understand their options and negotiate with the prosecution.
In some cases, deferred adjudication or community supervision may be viable alternatives to incarceration. A skilled defense attorney can work to demonstrate mitigating factors, negotiate plea deals, and seek alternatives to a prison sentence that may include probation or participation in intervention programs.
Domestic Violence Protective Orders
A domestic violence protective order can be issued to protect the alleged victim from further harm. The order can prohibit the defendant from contacting the alleged victim or coming near their residence. It can also require the defendant to attend a battering intervention and prevention program or counseling sessions.
A criminal defense attorney can help the defendant understand the terms of the protective order. Violating a protective order can result in additional criminal charges and penalties, making it crucial for the defendant to comply strictly. The attorney can also challenge the necessity and scope of the order if it seems unjustly restrictive.
Trial and Grand Jury Representation
The defendant has the right to a trial by jury. A grand jury may be convened to determine whether there is sufficient evidence to indict the defendant for assault impeding breath. While you can present a “packet” to the Grand Jury with mitigating evidence, you do not have the right to be present.
Effective representation involves thoroughly investigating the case, challenging the prosecution’s evidence, and presenting compelling arguments in favor of the defendant. Having a knowledgeable criminal defense attorney ensures that the defendant’s rights are protected throughout the legal process and that they receive fair treatment under the law.
Contact a Criminal Defense Attorney
Assault by impeding breath or circulation is a serious crime with serious consequences. A strong criminal defense is crucial in these cases. An experienced criminal defense attorney can help the defendant navigate the complexities of the case and achieve the best possible outcome.