Assault Family Violence Impeding Breath

"Domestic violence in Texas means an assault against a family member."

"Family violence includes intentionally, knowingly or recklessly causing bodily injury."

Impeding Breath – Choking – Family Violence

In Texas, an assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another. A threat of imminent bodily injury is also considered an assault as well as a physical contact that you know or should reasonably believe that someone else will regard as offensive or provocative. This is a class A misdemeanor with a range of punishment of up to a year in the county jail and up to a $4,000 fine.

When this is committed against a family member, (anyone you have a dating relationship with, family member, or anyone that you live with), it becomes a little more complicated. The range of punishment is the same, however a conviction with an affirmative finding of family violence can have long-lasting effects including but not limited to: prohibition of owning firearms, never being able to adopt, never being able to be made a sole managing conservator, and if ever charged with this offense again, this charged is enhanced to a 3rd or 2nd degree felony depending on the facts alleged. Now, if an assault on family member happens a first time, it can still be a 3rd-degree felony if the victim claims that they were choked or strangled and could not breathe.

Texas takes domestic violence allegations very seriously and prosecutes them as such. If you are charged with any of these allegations, it is imperative you seek legal help from an experienced defense attorney such as the attorneys here at Matthew Pillado, PLLC.

The Texas Penal Code says an assault is subject to felony enhancement when 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.

The criminal defense team at Matthew Pillado PLLC. knows how to protect your rights and will deliver an aggressive defense to the allegations that the State brings. The key to success for an impeding breath lawyer is by thoroughly taking apart the prosecution’s case and finding the facts that support the legal defense.

Contact the Law Firm of Matthew Pillado now for a Fast Consultation


The prosecution's responsibility in family violence cases.
In order to prove a case, a prosecutor must establish beyond a reasonable doubt that the defendant performed such an act intentionally or knowingly. If the actual bodily injury occurred, the prosecutor may also provide evidence proving the defendant’s actions were reckless and resulted in bodily injury.

Your family violence lawyer from Matthew Pillado PLLC, with protect your rights and keep the facts only in light.

In Texas, the family violence laws or domestic violence laws apply not only to spouses or family, but, also include anyone residing in the household or related through blood and affinity.

Contact for Fast Consultation.

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What is Family Violence Strangulation?

Family violence strangulation – impeding breath – or suffocation generally occurs as part of an ongoing pattern of escalating abuse.

In family violence cases, strangulation is strongly correlated with an increased risk of lethality.

  • Ten percent of violent deaths in the United States are attributable to strangulation, with six female
    victims of every male victim.
  • Strangulation is one of the top five risk factors for family violence homicide.
  • A family violence victim who has been strangled is nine times more likely to be killed than one who has not?
  • Strangulation can easily become a homicide.
  • Often, there are only minor visible injuries, even if there are substantial internal injuries.
Contact the Law Firm of Matthew Pillado now for a FREE Consultation


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