Assault Family Member- Impeding Breath, Felony Case
If you are charged with Assault Family Member- Impeding Breath, Texas Penal Code § 22.01 covers assault impeding breathing or circulation. A person commits assault impeding breathing when they commit assault family violence 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.
An allegation of impeding breathing or circulation is a serious charge that needs to be dealt with by an experienced criminal defense attorney. If you are charged with impeding breath or circulation, the charge is a third-degree felony. A third-degree felony brings a possible range of punishment between two and ten years in a Texas prison and up to a $10,000 fine.
Accusations of Assault Family Member-Impeding Breath
My client was accused of Assault Family Member- Impeding Breath. Specifically, he was charged with holding his wife against the wall by her throat and impeding her breathing. This case was notable because my client is a successful businessman and had everything to lose. He was already under the spotlight from his company and clients because of the initial allegation. This case arose because my client was asleep at home after a long day at work when his wife began to wake him up forcefully. She was accusing my client of drinking and not being there for her. When my client was forcefully woken up, he did not know who it was or what they wanted – all he wanted to do was get some rest. When he was abruptly woken up by his wife, he pushed her in self-defense because he did not know who it was. After the incident, his wife called 911 and claimed he assaulted her and held her against the wall by her throat.
In Texas, self-defense allows a person the legal right to defend himself or their personal property. If you’re attacked by another person in Texas, you aren’t required to flee from the other party. You can stand your ground under the law. You’re also legally permitted to use proportionate force in self-defense.
After my client was charged with a third-degree felony, he hired me. I immediately emailed the prosecutor for an in-person meeting so that I could explain his side of the story. After our meeting, she agreed with our side of the story and dismissed the charges.
My client was interested in clearing his record through an expunction. Texas allows a defendant to clear their record through a process called an expunction. This process is beneficial for clients that want to have their records erased entirely or simply hidden from public view. The process requires that a petition be filed requesting the records to be destroyed. After the petition is filed, the parties named in the lawsuit must reply whether they will agree to the expunction or oppose the expunction. If the parties agree to an expunction, an agreed order is circulated to the named parties for their signatures on order. Once all parties have signed the agreed order, the judge will sign the order. That order is then sent to all named parties in the petition ordering them to destroy the records.
In this case, my client was able to have his third-degree felony dismissed and expunged within a few months of hiring me.