Assault by impeding breath or circulation

What does the State have to prove?

That you intentionally, knowingly or recklessly caused bodily injury to a family member, household member or dating partner, and that you did it by impeding normal breathing or blood circulation through pressure on the throat or neck or by blocking the nose or mouth. The State does not have to prove the person lost consciousness or had visible marks.

What is the punishment?

Probation (community supervision) and deferred adjudication can be available depending on the facts and history.

How are impeding breath cases defended?

These cases often turn on medical evidence and the timeline. Questions include whether there were findings consistent with pressure to the neck, what the alleged victim said first, what responding officers saw, whether there was a struggle in which both people were hurt, and whether self-defense applies. Medical records and photos should be reviewed closely.

Where is the case heard in Dallas County?

As a felony, the case goes to a grand jury and, if indicted, to a Criminal District Court at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. Bond conditions and an emergency protective order are common at magistration.

Does there have to be a visible injury?

No. The State must prove that the person intentionally, knowingly or recklessly impeded the normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose or mouth, against a family member, household member or dating partner (Penal Code 22.01(b)(2)(B)). Visible marks are not required, which means these cases often turn on testimony, photos, medical records and the 911 recording.

What is the timeline of an impeding breath case in Dallas County?

1. Arrest, booking at the Lew Sterrett Justice Center, and magistration, usually with an emergency protective order (Code of Criminal Procedure 17.292).
2. Release on bond with no-contact conditions.
3. Grand jury presentation, because the charge is a felony.
4. Settings in a Criminal District Court at the Frank Crowley Courts Building.
5. Negotiation, motions or a jury trial with 12 jurors.

What evidence is usually reviewed?

• The 911 call and what was said in it
• Body camera video and photographs taken at the scene
• Any medical or forensic nurse examination
• Prior statements and messages between the people involved

What are the long-term consequences?

A conviction is a third-degree felony with a family violence finding: 2 to 10 years and a fine up to $10,000 (Penal Code 12.34), firearm restrictions, no nondisclosure, and enhancement of any future family violence charge. Even deferred adjudication can count for enhancement later. That is why the decision between trial and a plea should be made with full information.

Where are these cases heard outside Dallas?

Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I bring to a consultation?

• Bond paperwork and any protective order, with the dates you received them
• Messages, call logs and social media posts from before and after the incident, saved in the original app and as screenshots
• Names of witnesses and anyone who saw or heard part of what happened
• Photos of any injuries you had, and medical records
• Any earlier police reports, court cases or orders involving either person

Who counts as family, household or dating partner?

The third-degree level applies only when the alleged victim is covered by the Family Code definitions that Penal Code 22.01(b)(2) points to. "Family" includes relatives by blood or marriage, former spouses, parents of the same child and foster parents and children (Family Code 71.003). "Household" means people living together in the same dwelling, related or not (71.005). A "dating relationship" is a continuing relationship of a romantic or intimate nature, and a casual acquaintance or ordinary social contact does not qualify (71.0021). If the relationship does not fit, the impeding-breath enhancement under 22.01(b)(2)(B) does not apply, although other charges may.

When is an impeding breath charge a second-degree felony?

Under Penal Code 22.01(b-3), it is a second-degree felony (2 to 20 years and a fine up to $10,000) if the State proves you were previously convicted of a listed offense against a family member, household member or dating partner, such as assault, and the new offense involved impeding breathing or circulation. Under 22.01(f), a prior deferred adjudication for such an offense can count as a prior conviction for this purpose.

Can I possess a firearm while the case is pending?

Bond conditions and any magistrate's order for emergency protection can prohibit it, and violating an order by possessing a firearm can be a separate offense (Penal Code 25.07(a)(4)). After a felony conviction, Texas law bars possessing a firearm until five years after release from confinement or supervision, and after that only at home (Penal Code 46.04(a)). Federal law has its own restrictions.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026