An impeding-breath allegation converts a first-offense family assault into a felony on contested seconds of testimony — no injury photos required. It is among the most consequential and most contestable charges in the family-violence docket.
Charge: Assault of a Family/Household Member by Impeding Breath or Circulation — Penal Code § 22.01(b)(2)(B)
Level: Third-degree felony
Range: 2 – 10 years prison, fine to $10,000 (second-degree with a prior)
Court: District court in the county of arrest
How these cases play out in Central Texas courts
The medical literature on strangulation is double-edged: real strangulation often leaves subtle or no visible injury, but that same fact means allegations can’t be physically corroborated — making consistency of accounts, 911 audio, scene evidence, and examination records decisive. Central Texas prosecutors staff these cases with specialized units and proceed without cooperative complainants when they can. The defense answers with equal specialization: forensic review of the medical evidence (or its absence), the relationship’s documented history, and the enhancement’s specific elements — ‘impeding’ has a legal meaning testimony must actually meet.
Questions we hear about this charge
My partner told them nothing happened — why is the case continuing?
Because the state, not the complainant, owns the prosecution. Recantations affect what’s provable, but offices here routinely proceed on 911 audio, officer observations, and prior statements.
What’s the difference between this and misdemeanor family assault?
The impeding-breath element — alleged pressure to the throat or blocking breath. Without it, first-offense family assault is a Class A misdemeanor. The element is precisely where the fight is.
Should I talk to the detective to clear it up?
No. These cases are built on statements. Everything goes through counsel — including anything directed at the complainant, which protective orders likely prohibit anyway.
Facing a ASSAULT FAM/HOUSE MEM IMPEDE BREATH charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.