Assault Family Violence Impeding Breathing
When impeding breathing is added to assault family violence, the charge becomes a third-degree felony. This enhancement has made assault family violence impeding breathing or circulation charges extremely common, even when the proof is weak or even nonexistent. Family violence impeding breath charges are very serious. They can result in lengthy prison sentences, heavy fines, and years of probation. Moreover, they can limit to your rights to vote and own or possess firearms. Perhaps worst of all, they can damage your reputation, career, and future. Therefore, with so much on the line, you need an experienced Dallas assault family violence impeding breathing lawyer.
Assault Impeding Breathing in Dallas
Texas Penal Code § 22.01 covers assault impeding breathing or circulation. A person commits assault impeding breathing when they commit assault family violence by impeding the normal breathing or circulation of the victim. A person can impede breathing by applying pressure to the neck or blocking the mouth. Assault family violence requires causing bodily injury to a family or household member or someone you’re dating.
Family Violence Definitions
Bodily injury means physical pain, illness, or any impairment of physical condition. Many people expect that an assault case would require some visible injury like a bruise, cut, or scrape. This, however, this is not the case. All the accuser has to allege is that they felt some physical pain. Incredibly, even a slap, push, or poke that they say caused them pain can be enough. This can get someone arrested and prosecuted for one of the most stigmatizing criminal offenses there is.
Family member includes people related by blood or marriage. It also includes former spouses and people who have a child or foster child together.
A household member is a person who resides or has previously resided in the same home. This includes roommates.
Dating relationship is a relationship between individuals who have or have had a continuing romantic or intimate relationship.
Assault Family Violence Penalties
Assault family violence impeding breathing or circulation is generally a third-degree felony. Courts can punish a third-degree felony with 2-10 years in prison and up to a $10,000 fine. Up to 10 years of probation is also a possibility.
Without the impeding breathing or circulation allegation, a first-offense domestic violence charge is a Class A misdemeanor.
A second (or more) assault family violence allegation is called assault family violence enhanced) and is a third-degree felony.
See our domestic violence page for more information about all domestic violence charges generally or our assault family violence page for more information specific to assault family violence.
Defending Impeding Breath Charges in Dallas
It really all starts with beyond a reasonable doubt. If the prosecutor cannot rule out each and every reasonable doubt, the presumption of innocence prevails. That means the court must find you not guilty. More importantly, this means you don’t have to prove that you didn’t do it. You don’t have to prove anything! In a “he said/she said” allegation, the only way the prosecution wins is if the jury believes the accuser’s story is the only reasonable way it could’ve happened. This is the highest burden of proof in our justice system and when implemented in your defense by a skilled Dallas family violence assault attorney, it can be a powerful weapon in your defense.
Dallas Impeding Lawyer: Resources and Information
See Dallas impeding breathing lawyer Mike Howard’s criminal defense resource center for more information. This includes basic rights in a criminal case, definitions, possible defenses, and more.
Dallas Impeding Breathing Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas, innocent people can get accused, charged, and convicted when they don’t have a Dallas impeding breathing attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas impeding breathing lawyer has a reputation as a skillful trial lawyer who fights for their clients, however, it makes all the difference in the world.
Our Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then wec make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
A Proven Track Record
Dallas Impeding Breathing Lawyer
J.C. – Assault Impeding Breathing
My client was a world-champion professional boxer. He was wrongly accused of brutally beating up an ex-girlfriend. However, the woman had no injuries and looking for a payout. We took the case to trial and exposed her true motives in court. The jury found my client not guilty.
P.M. – Assault Family Violence
An ex-girlfriend was angry that my client had moved on. She set out to ruin his life with a wrongful accusation. We took the case to trial and the jury found my client not guilty.
T.Y. – Assault Family Violence
My client was a dental student who started dating a dental hygenist student. Over time she became controlling and abusive. She wrongfully accused him of family violence and would not back down. We took the case to trial and the jury found my client not guilty.
O.A. – Assault Family Violence
My client was a doctor who had been married 40+ years. His wife suffered from mental health problems. When she had episodes she would become violent and abusive. My client had to call the police during one of these episodes but only wanted her to get help. Unfortunately, when she realized she might be going to jail she falsely accused him of hitting her. The police told my client someone had to go to jail, him or her. Ever the loving husband, my client chose to go to jail. We were able to convince the district attorney to reject the case completely.
J.S. – Assault Family Violence
My client was a lawyer who had an argument with his wife after both had been drinking. He said somethings he later regretted and she overreacted by falsely accusing him of family violence. Even though she immediately regretted it, the police wouldn’t listen to her. We got the case dismissed.
M.P. – Assault Family Violence
My client was living with a controlling girlfriend. One night they got into an argument and he tried to walk away. She wouldn’t stop following him. He went into the bathroom and tried to close the door to clear his head. She called the police and falsely claimed he assaulted her closing the door. We got the case dismissed.
