Don’t Face Felony Assault Impeding Breath Charges Alone in Houston.
Allegations of Assault Family Member – Impeding Breath or Circulation are among the most serious domestic violence charges in Texas. In Houston and Harris County, these cases are prosecuted aggressively and can carry severe felony penalties. If you are facing this accusation, your freedom, reputation, and future are at risk. You need an immediate and strategic defense from an attorney who understands the gravity of the charge and the specifics of the Harris County legal system.
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Lisa Shapiro Strauss is a dedicated Houston criminal defense lawyer with extensive experience handling serious assault and domestic violence cases. Her background as a Former Harris County Prosecutor gives her a unique understanding of how these complex cases are built by the state, including the evidence and strategies the prosecution will likely use. This insight is invaluable when developing your defense against an impeding breath allegation in a Houston courtroom. We are here to provide the strong legal representation you need during this critical time.
Understanding the Assault Impeding Breath Charge in Texas
The charge of Assault Family Member – Impeding Breath or Circulation is found under the Texas Penal Code, often as an enhanced version of basic Assault Family Member. It specifically addresses allegations where the accused intentionally, knowingly, or recklessly impedes the normal breathing or circulation of blood of a person with whom they have a family, dating, or household relationship, typically by applying pressure to the person’s throat or neck or blocking the person’s nose or mouth.
Unlike many other assault charges, the key element here is the method of assault (impeding breath/circulation) against a family member. The prosecution in Harris County will focus on proving that this specific action occurred. Even if the alleged victim did not lose consciousness or suffer visible injury, the act of impeding breath or circulation is sufficient for the charge under Texas law.
The Impact of an Impeding Breath Allegation
Simply being accused of impeding breath can have immediate repercussions, including arrest, high bond amounts, and mandatory protective orders. The charge signals a high level of perceived danger, leading to aggressive prosecution.
The Legal Definition in Texas
The specific language in the Texas Penal Code Section 22.01(b)(2)(B) is critical. It defines “impeding the normal breathing or circulation of blood” by either applying pressure to the throat or neck or blocking the nose or mouth. This is what the State must target in their evidence.
Legal Elements The Prosecution Must Prove in Harris County
For the State of Texas, specifically the Harris County District Attorney’s Office, to secure a conviction for Assault Family Member – Impeding Breath, they must prove several specific legal elements beyond a reasonable doubt. Your defense strategy, particularly in a Houston courtroom, will often focus on challenging one or more of these elements.
Key Elements the State Must Prove
The prosecution must prove that the defendant: Intentionally, Knowingly, or Recklessly Caused Bodily Injury to a Person Whose Relationship to the Defendant Was Described by Family Code Section 71.0021(b), 71.003, or 71.005 (defining family, household, dating relationship) BY APPLYING PRESSURE TO THE PERSON’S THROAT OR NECK OR BLOCKING THE PERSON’S NOSE OR MOUTH.
The critical element that elevates this charge is the method — impeding breath or circulation. The prosecution will attempt to use evidence such as the alleged victim’s testimony, signs of injury (if any), witness statements, 911 calls, or even medical records to prove this specific action occurred. Understanding exactly what the state needs to prove is the first step in building a strong defense in Harris County.
Severe Penalties and Consequences in Texas
Assault Family Member – Impeding Breath is typically classified as a Third-Degree Felony in Texas. This is a serious level of felony, and a conviction carries significant potential penalties and long-lasting consequences that can drastically alter your life in Houston.
Potential Criminal Penalties in Texas/Harris County
- Prison Time: Imprisonment in the Texas Department of Criminal Justice (TDCJ) for a period of 2 to 10 years.
- Fines: A fine of up to $10,000.
- Probation: In some cases, particularly for first offenders with strong defense, probation (community supervision) may be possible, but it will involve strict conditions and can still result in a felony conviction on your record.
A felony conviction in Harris County will appear on background checks indefinitely, severely impacting employment, housing, professional licenses, and educational opportunities.
Severe Collateral Consequences
Beyond direct criminal penalties, a conviction for Assault Impeding Breath has severe collateral consequences that can fundamentally change your life:
- Firearm Rights: Loss of the right to own or possess a firearm under both state and federal law.
- Child Custody: Significant negative impact on child custody and visitation rights in Texas family courts.
- Immigration Status: Serious consequences for non-citizens, potentially leading to deportation.
- Reputation: Severe damage to your personal and professional reputation in the Houston community.
If you have prior convictions for Assault Family Member or other related offenses, the penalties for an impeding breath charge can be enhanced, potentially leading to even longer prison sentences (Second-Degree Felony: 2 to 20 years in prison). Given the stakes, immediate consultation with an experienced Houston felony defense attorney is essential.
Potential Penalties & Consequences for Assault Impeding Breath in Texas (Harris County)
| Charge Level | Potential Criminal Penalties (Texas) | Key Collateral Consequences (Impact on Life in Houston) |
|---|---|---|
| Third-Degree Felony (Typical Filing) | Prison: 2 to 10 years in the Texas Department of Criminal Justice (TDCJ) Fine: Up to $10,000 (Probation/Community Supervision possible in some cases) | – Loss of Firearm Rights – Significant Impact on Child – Custody/Visitation – Serious Immigration – Consequences – Permanent Felony Record on Background Checks – Difficulty with Employment & Housing – Damage to Reputation |
| Second-Degree Felony (With Prior Conviction) | Prison: 2 to 20 years in the Texas Department of Criminal Justice (TDCJ) Fine: Up to $10,000 | – Loss of Firearm Rights – Significant Impact on Child – Custody/Visitation – Serious Immigration – Consequences – Permanent Felony Record on Background Checks – Difficulty with Employment & Housing – Damage to Reputation |
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Building Your Defense Against Impeding Breath Allegations in Houston
A charge of Assault Impeding Breath is a serious accusation, but it is absolutely defensible. A skilled Houston defense lawyer can challenge the prosecution’s case by meticulously examining the evidence, the alleged victim’s statements, witness accounts, and the circumstances surrounding the arrest. Defenses in these cases often focus on casting doubt on the key legal elements the state must prove, particularly the specific action of impeding breath or circulation and the required mental state.
Potential defense strategies for Assault Impeding Breath charges in Harris County may include:
Common Defense Strategies
- Lack of Intent: Arguing that the act was not intentional, knowing, or reckless. The State must prove you acted with the required mental state. If the contact was accidental or not intended to impede breathing, this can be a defense.
- Accident: Demonstrating that any contact was accidental and not an intentional act to impede breathing or circulation (e.g., stumbling, trying to break up a fight, not realizing the hand placement).
- Self-Defense: Showing that any physical contact, including pressure to the neck area, was necessary to defend yourself or another person from the alleged victim’s use or attempted use of unlawful force. The force used must be reasonably proportionate.
- Lack of Impeding Breath/Circulation: Challenging whether the alleged action actually impeded breathing or circulation as defined by law, or whether the evidence supports this claim. This might involve medical evidence or arguing the action didn’t actually restrict airflow/blood.
- False Accusations: Allegations of impeding breath are sometimes made falsely in the context of contentious domestic disputes, divorce or custody battles, or for retaliatory reasons. Proving a false accusation requires gathering evidence to counter the claim.
- Insufficient Evidence: Arguing that the prosecution has not met their burden of proving every element of the charge beyond a reasonable doubt, highlighting inconsistencies or lack of credible evidence regarding the impeding breath element.
Lisa spent years working as a prosecutor in the Harris County District Attorney’s Office. This experience provides Building a strong defense against such a serious charge requires a thorough investigation, collecting evidence, interviewing witnesses, reviewing police reports, and potentially consulting with medical experts. Lisa Shapiro Strauss draws on her deep understanding of assault cases and her experience within the Harris County legal system to identify the most effective defense strategy for your specific situation and fight for the best possible outcome.
Build Your Defense Against Impeding Breath Charges. Contact Our Houston Office
What to Do Immediately If Charged with Impeding Breath in Houston
If you are arrested or charged with Assault Family Member – Impeding Breath in Houston or Harris County, your immediate actions are critical and can significantly impact the outcome of your case. The steps you take or fail to take in the hours and days following the accusation can make a substantial difference. Follow these steps carefully:
Critical First Steps
- Remain Silent: Exercise your right to remain silent. Do not discuss the details of the incident with anyone – not the police, not the alleged victim, not friends or family. Anything you say can be used against you.
- Do Not Contact the Alleged Victim: If there is a no-contact order or condition of bond, violating it will lead to immediate arrest and new charges or bond revocation. Even without an order, contacting the alleged victim can complicate your case and be perceived negatively.
- Gather Information: As soon as you are able, and without violating any orders, note down everything you remember about the incident, including dates, times, locations, who was present, what was said, and what happened. Detail any relevant events leading up to the accusation.
- Document Everything: If safely possible and legally permissible, take photos of any relevant injuries (on yourself, if self-defense is a factor, or others), the scene, or damaged property. Preserve any relevant communications (texts, emails).
- Contact an Experienced Houston Criminal Defense Attorney Immediately: This is the single most important step. Do not wait to see what happens. An attorney can advise you of your rights, begin investigating the allegations, communicate with the police or prosecutor on your behalf, and protect you from making critical mistakes that could jeopardize your defense.
The prosecution in Harris County begins building their case immediately. Having legal counsel involved from the outset ensures your rights are protected, allows for a proactive investigation, and enables the development of a strong defense strategy from day one.
Why Choose Lisa Shapiro Strauss for This Critical Defense?
Defending against a felony Assault Impeding Breath charge requires a defense attorney with specific experience, deep legal knowledge, and a thorough understanding of the local court system. Lisa Shapiro Strauss offers the critical qualifications you need when facing this serious accusation in Houston and Harris County.
The Former Harris County Prosecutor Advantage
Lisa’s years as a former Harris County Prosecutor provide her with unparalleled insight into how the State approaches and prosecutes complex assault cases, including those involving impeding breath allegations. She knows the tactics prosecutors may use, how they evaluate evidence, and how decisions are made within the Harris County District Attorney’s Office. This allows her to anticipate their moves, build a stronger counter-argument, and navigate the local system effectively on your behalf.
Focused Experience on Serious Assault and Domestic Violence
Lisa has dedicated a significant portion of her practice to defending individuals accused of serious assault and domestic violence offenses in Houston courts. She understands the nuances and high stakes involved in impeding breath cases and is committed to providing an aggressive and strategic defense tailored to the specifics of this charge.
Navigating the Harris County Courts
Her extensive practice in Harris County courts means she is familiar with the judges, prosecutors, and procedures specific to this jurisdiction. This local knowledge is invaluable in effectively handling your case from initial bond conditions to potential trial or resolution negotiations. If you are facing an Assault Impeding Breath charge, the attorney you choose matters immensely. Our Houston Assault lawyer provides the experienced, locally-informed defense you need to fight for your rights and future.
Frequently Asked Questions About Impeding Breath Charges in Houston
Navigating a felony assault charge can bring up many questions. Here are answers to some common questions about Assault Impeding Breath cases in Houston, Texas:
Is Assault Family Member – Impeding Breath always a felony in Texas?
Yes, under Texas law, this charge is typically filed as a Third-Degree Felony, regardless of whether a visible injury occurred. Prior convictions can elevate the charge further to a Second-Degree Felony.
What kind of evidence is used in these cases in Harris County?
Evidence can include alleged victim testimony, witness statements, 911 calls, photos of the scene or alleged injuries, medical records, and potentially expert testimony. The prosecution in Harris County will try to use this to prove pressure was applied to the throat/neck or the nose/mouth was blocked.
Can the charge be reduced or dismissed?
Yes, depending on the specific facts and the strength of your defense, it may be possible to negotiate a reduction to a lesser charge or seek dismissal. This requires a thorough evaluation of the evidence and skilled negotiation with the Harris County District Attorney’s Office.
What happens if the alleged victim doesn’t want to press charges?
In Texas domestic violence cases, the decision to file and pursue charges rests with the State, specifically the Harris County District Attorney’s Office, not the alleged victim. While the alleged victim’s wishes can sometimes be considered, the DA can proceed with the case even without their cooperation.
Can self-defense be a defense to Assault Impeding Breath?
Yes, self-defense can be a valid defense if you used necessary force to protect yourself from the alleged victim’s use or attempted use of unlawful force. The specifics of Texas self-defense law and the facts of your case are critical.
What are the typical bond conditions for this charge in Harris County?
Bond conditions for Assault Impeding Breath in Harris County often include a no-contact order preventing communication with the alleged victim, potentially GPS monitoring, and restrictions on returning to the residence. Violating these conditions can result in bond revocation and re-arrest.
Protect Your Future: Get Help Today
An Assault Family Member – Impeding Breath charge is a felony that carries severe consequences. Your choice of legal representation is critical to protecting your rights and your future in Houston and Harris County.
Lisa Shapiro Strauss provides the aggressive, informed defense you need. With her background as a Former Harris County Prosecutor and extensive experience in local courts, she is exceptionally qualified to handle the complexities of this charge. Don’t face the system alone.
Contact our Houston office now to discuss your defense strategy confidentially.
