Are you being charged with assault for impeding someone else’s breath or circulation in Fort Worth, TX? These cases come with serious consequences if you’re convicted. Our legal team understands the seriousness of the situation and will do everything possible to ensure your rights are protected.
At Cofer Luster Criminal Defense Lawyers, our Fort Worth assault defense lawyers have over 60 years of combined experience. We’re ready to help you build a strong defense.
Call us at (682) 777-3336 to schedule a consultation with a Texas assault defense lawyer.
Why Choose Cofer Luster if I’m Arrested for Assault by Impeding Breath or Circulation in Fort Worth?
Being charged with assault by impeding breath or circulation in Texas often feels overwhelming. Without the right legal support, a conviction can follow you for the rest of your life, even once you’ve completed your sentence.
That’s why so many people in Fort Worth, Texas, call Cofer Luster when their future is on the line.
Here are some reasons that clients choose to work with our Fort Worth criminal defense lawyers:
- Over 60 years of combined experience navigating Texas criminal law
- Board Certification in Criminal Law by the Texas Board of Legal Specialization
- A strong record for defending clients with outcomes that protect their futures
- Over a hundred five-star Google reviews from clients we’ve assisted along the way
During a time when your life and reputation are threatened, you can get responsive assistance and reliable answers from our Fort Worth assault defense lawyers, not judgment or confusion.
Reach out to our law office today to arrange a consultation.
Overview of Assault by Impeding Breath or Circulation in Texas
Assault by impeding breathing or circulation is charged when you’re accused of stopping or trying to stop a family or household member from breathing. The most common example is putting hands around someone’s neck for even a few seconds or pressing an object or an arm across their throat. It could also mean blocking their nose or mouth so they couldn’t breathe, even briefly.
The law covers any action that impedes breathing or blood flow, even for a moment. The person doesn’t have to pass out/lose consciousness for you to be charged and convicted of this offense.
What Are the Penalties for Assault by Impeding Breath or Circulation in Texas?
If this is your first domestic violence offense, a conviction carries between two and ten years in prison as well as a fine of $10,000. A judge may allow you to serve probation instead of jail time, depending on the circumstances.
Enhanced Penalties for Prior Family Violence
Having a previous conviction involving violence against any family, household, or dating partner significantly increases the penalties. In this situation, the charge rises to a second-degree felony, which means you face between two and 20 years in prison and a fine of $10,000.
Even if the previous domestic violence charge ended in a deferred adjudication or took place outside of Texas, it’s considered a prior conviction.
What Defenses Can Be Raised if I’m Arrested for Assault by Impeding Breath or Circulation?
If you’ve been arrested for assault by impeding breath or circulation, understanding what defenses are available can make a big difference. Here’s a look at some strategies an attorney may use based on the circumstances of your case.
Lack of Intent or Recklessness
Prosecutors have to show you intended, knew, or at least recklessly caused this effect — not that it happened by accident. It’s possible to argue that you blocked someone’s breathing or blood flow by accident.
False or Fabricated Allegations
Personal relationships can get messy. Disagreements over child custody, anger after breakups, jealousy, or manipulating a family law case can cause some people to make false or exaggerated claims. Attorneys can challenge unreliable stories by highlighting differences in testimony, referencing messages or photos, and reviewing video footage if available.
Self-Defense
In Texas, a person has the lawful right to defend themselves from being harmed. If you only used the level of force needed to stop someone from hurting you or someone else, this can be a defense to the charges of impeding someone’s breathing or blood flow.
Facing an assault charge carries serious legal and personal consequences. In this situation, the most important step you can take is to speak with a criminal defense lawyer who has experience handling domestic violence cases in Texas.
If you have been charged with assault for impeding breath or circulation, you may feel overwhelmed, especially if this is your first time dealing with a major legal problem. The best thing you can do is to work with a criminal defense lawyer as soon as possible.
Call Cofer Luster to schedule a consultation with a Fort Worth assault defense attorney.
