ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F)
Family Violence Choking Cases
Definition: ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F)
The meaning of ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F) is: “Assault of a Family Member or Household Member, Impeding Breathing or Circulation, charged as a Felony.”
One way that cops turn a domestic violence case (Class A Misdemeanor) into a 3rd Degree Felony is by upgrading from “Assault by Choking” to Assualt by Impeding Breathing or Circulation. If you’ve been charged with ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F), then call our criminal attorney today.
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Charge For Assault On A Family Member In Texas
In Texas, assault on a family member is treated with particular seriousness due to the potential for domestic violence situations. The charge and penalties for assault on a family member are determined by the specifics of the incident and any prior convictions. Here’s a breakdown:
- Basic Assault: If a person intentionally, knowingly, or recklessly causes bodily injury to another, including their spouse, it’s considered assault. This can be charged as a Class A misdemeanor. This carries a potential penalty of up to one year in jail and/or a fine of up to $4,000.
- Assault by Impeding Breath/Circulation: If the assault involves choking or suffocating the victim (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), it’s a third-degree felony. This can result in a prison sentence of 2 to 10 years and a fine of up to $10,000.
- Prior Convictions: If the defendant has a previous conviction for assault against a family member or another offense under the Family Code, the charge can be elevated. A second offense of assault on a family member can be charged as a third-degree felony.
- Aggravated Assault: If the assault involves serious bodily injury or the use of a deadly weapon, it can be charged as aggravated assault, which is a second-degree felony. This carries a potential penalty of 2 to 20 years in prison and a fine of up to $10,000. If committed against a family member, it can be elevated to a first-degree felony under certain circumstances, which can result in a prison sentence of 5 to 99 years or life imprisonment.
- Continuous Violence Against the Family: If an individual commits two domestic assaults in a 12-month period, they can be charged with continuous violence against the family, a third-degree felony.
- Protective Orders: In addition to criminal charges, courts can issue protective orders against the accused, which can prohibit contact with the victim and other family members.
It’s essential to note that “family member” in Texas includes not only those related by blood or marriage but also those in dating relationships, former spouses, parents of the same child, foster parents and children, and members or former members of the same household.
Always consult with a legal professional regarding specific cases or for detailed legal advice.
Punishment ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F)
Third Degree Felony
In Texas, a third-degree felony is a serious criminal offense with significant penalties. Here’s a breakdown of the potential consequences for a third-degree felony conviction:
- Incarceration: Individuals convicted of a third-degree felony face a prison sentence ranging from 2 to 10 years in the Texas Department of Criminal Justice.
- Fines: In addition to imprisonment, the court can impose a fine of up to $10,000.
- Restitution: The court may order the offender to pay restitution to the victim, which involves compensating them for any damages or losses resulting from the crime.
- Probation: In some cases, especially if it’s the individual’s first offense or there are mitigating circumstances, the court might grant probation instead of a prison sentence. Probation involves meeting certain conditions, such as regular check-ins with a probation officer, attending counseling or rehabilitation programs, performing community service, and avoiding further legal infractions.
- Criminal Record: A third-degree felony conviction will remain on the individual’s criminal record permanently, affecting future employment opportunities, housing applications, and other aspects of life. This record can only be removed under specific circumstances, such as expunction or a non-disclosure order, but eligibility is limited.
- Additional Consequences: Depending on the nature of the felony, there might be other consequences, such as loss of certain civil rights (e.g., the right to own firearms), professional licensing issues, and more.
It’s essential to note that the specific penalties can vary based on the circumstances of the offense, the discretion of the court, and other factors. Given the severity of the consequences associated with a third-degree felony in Texas, individuals facing such charges should consult with a knowledgeable attorney to understand their legal rights and options.
Assault With Impeding Breath In Texas Is A Felony
Yes, in Texas, assault that involves impeding the breath or circulation of another person (often referred to as “strangulation” or “choking”) is considered a more serious form of assault and is classified as a felony.
- Assault with Impeding Breath or Circulation: If an individual intentionally, knowingly, or recklessly impedes the normal breathing or circulation of the blood of another person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth, it elevates the assault charge.
- Classification: This type of assault is typically classified as a third-degree felony in Texas.
- Penalties: As a third-degree felony, the penalties can include a prison sentence ranging from 2 to 10 years and a potential fine of up to $10,000.
It’s important to note that the specific circumstances of the incident, the relationship between the assailant and the victim, any prior convictions, and other factors can influence the exact charges and potential penalties. For example, if the assault occurs in a domestic setting or between individuals in a dating relationship, it might fall under the category of “family violence,” which can carry additional legal implications.
Given the seriousness of such charges, individuals accused of assault with impeding breath or circulation should consult with a knowledgeable attorney to understand their legal rights and potential defenses.
Texas Penal Code 22.01 B 2 B
Texas Penal Code 22.01 pertains to “Assault.” Specifically, section 22.01(b)(2)(B) states:
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is:
(2) a felony of the third degree if the offense is committed against:
(B) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:
(i) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or
(ii) the 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.
In simpler terms, this section of the Texas Penal Code elevates the offense of assault to a third-degree felony when it is committed against certain individuals (as described by the Family Code sections mentioned) and either the defendant has a prior conviction against such an individual or the assault involved choking or suffocating the victim. You might contact a criminal attorney in Texas for more information.
Texas Lawyer for Assault Charges
Facing assault charges in Texas can have profound implications on your personal and professional life. The legal intricacies surrounding such charges, combined with the potential for severe penalties, make it imperative to act swiftly and decisively. If you’ve been charged with assault charges in Texas, it’s crucial to understand your rights and the defenses available to you. Don’t navigate this challenging terrain alone. Take action today. Reach out to an experienced Texas criminal defense attorney who can provide the guidance, support, and representation you need to achieve the best possible outcome for your case.