Facing Impeding Breath or Circulation (Choking) Charges in San Antonio? Your Defense is Critical

The Overwhelming Severity of Texas Choking Charges in Domestic Assault Cases

In Texas, an allegation of Impeding Breath or Circulation—commonly called choking or strangulation—within a domestic assault is one of the most serious and severely punished offenses in the criminal code. Charged under Texas Penal Code § 22.01(b)(2)(B), this specific act transforms a simple assault into an automatic third-degree felony, regardless of whether the victim suffered visible injury or whether the defendant has a prior criminal record. At Barton & Associates, Attorneys at Law, we understand that these charges often arise from highly volatile, emotionally charged situations where actions are misconstrued, exaggerated, or falsely alleged. An arrest can happen in an instant, based on a single 911 call alleging pressure to the neck, and the consequences are immediate and devastating: a high bond, a no-contact protective order exiling you from your home, and the looming threat of a 2-to-10-year prison sentence. The social and professional stigma is instantaneous, capable of destroying your reputation and career overnight. In this high-stakes legal battle, your defense must be immediate, aggressive, and built by attorneys with specific expertise in defending against these severe, medically complex allegations.

The law in Texas treats choking with unique severity because medical and legal experts recognize it as a primary indicator of extreme violence and lethal potential in domestic relationships. The state legislature has declared that this act demonstrates a specific intent to dominate and control, carrying a high risk of death, unconsciousness, or serious brain injury. Consequently, prosecutors are trained to pursue these cases with maximum effort and resources, often seeking prison time and opposing probation. A conviction is not just a felony on your record; it triggers a permanent, lifetime ban on firearm possession and creates a permanent public record that will destroy future employment, housing, and parental rights opportunities. You are not just facing a charge; you are fighting for your entire future.

Understanding the Law: Texas Penal Code § 22.01(b)(2)(B)

The statute defines the offense as intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

Key Elements the Prosecution Must Prove:

1. The Act: Applying pressure to the throat/neck OR blocking the nose/mouth.
2. The Result: The act impeded normal breathing or blood circulation.
3. The Intent: The defendant acted intentionally, knowingly, or recklessly.
4. The Relationship: The victim is a family member, household member, or dating partner as defined under Texas family violence laws.

Critical Legal Nuances:

• “Impeding” vs. “Stopping”: The state does not need to prove breathing or circulation completely stopped. They only need to show it was hindered or obstructed. This low threshold makes the charge easier for prosecutors to allege.
• Visible Injury Not Required: The absence of bruising, redness, or petechiae (broken blood vessels in the eyes) does not defeat the charge. Prosecutors will argue that the victim’s testimony about feeling unable to breathe is sufficient evidence.
• Automatic Felony Enhancement: This is the critical distinction. An assault that would normally be a Class A misdemeanor becomes a third-degree felony solely because of the choking allegation. There is no misdemeanor option for this specific act in a domestic context.

The Severe Penalties and Lifelong Consequences of a Conviction

A conviction for Impeding Breath or Circulation (Family Violence) is a third-degree felony. The direct penalties are severe, but the collateral damage is often more destructive and permanent.

• Prison Sentence: 2 to 10 years in the Texas Department of Criminal Justice. Probation is possible but not guaranteed, and prosecutors often fight it vigorously.
• Fines: Up to $10,000.
• Firearm Rights: Permanent loss under both Texas law and federal law (18 U.S.C. § 922(g)(9)). You will be prohibited from ever legally possessing any firearm or ammunition.
• Protective Order: A final protective order is likely, lasting years and restricting where you can go and whom you can contact.
• Child Custody: A felony family violence conviction, especially for choking, will be catastrophic in any child custody case, almost certainly resulting in supervised visitation or loss of all parental rights.
• Criminal Record: A permanent felony record, creating nearly insurmountable barriers to employment, housing, and professional licensing.

Our Strategic Defense Approach to Choking Allegations

At Barton & Associates, we deploy a defense strategy that combines medical-legal knowledge with aggressive investigation. These cases are won by attacking the state’s evidence on scientific, factual, and motivational grounds.

1. Challenging the Medical and Physical Evidence

The allegation hinges on the claim that breathing or circulation was impeded. We attack this foundation:

• Consulting Medical Experts: We retain forensic physicians and experts in injury mechanics to testify that the alleged actions were physically incapable of impeding breathing or that the victim’s reported symptoms are inconsistent with true airway obstruction.
• Analyzing the Lack of Injury: While not required for conviction, the complete absence of physical evidence (neck bruising, petechiae, voice changes) can be powerful in creating reasonable doubt about the severity or even the occurrence of the alleged act.
• Scrutinizing 911 Calls and First Responder Reports: We analyze the initial reports for inconsistencies. Did the victim initially complain of choking, or was that allegation added later? What did first responders observe upon arrival?

2. Investigating the Credibility and Context of the Allegation

These cases often lack witnesses and rely heavily on the victim’s testimony. We conduct a thorough investigation into the relationship and the incident:

• Motives for False or Exaggerated Allegations: We uncover motives such as gaining leverage in a divorce or child custody battle, revenge after a breakup, or preemptively accusing the other party after a mutual physical struggle where both used force.
• Prior Inconsistent Statements: We meticulously gather all prior statements (to police, friends, family) to highlight contradictions in the accuser’s story.
• Context of the Struggle: We present evidence that any contact with the neck was incidental, defensive, or accidental during a mutual altercation, not an intentional act to impede breathing.

3. Asserting Key Legal Defenses

We build a defense narrative based on the facts, which may include:

• Self-Defense or Defense of a Third Party: You reasonably believed force was necessary to protect yourself or a child from the accuser’s imminent use of unlawful force. Any contact with the neck was a defensive action in the heat of a struggle.
• Lack of Intent: You did not intentionally, knowingly, or recklessly impede breathing. The contact was accidental, or you had no awareness that your actions could have that effect.
• Fabrication: The allegation is entirely invented.

4. Filing Aggressive Pre-Trial Motions

We use the law to weaken the state’s case before trial by filing motions to:

• Suppress Evidence obtained through an unlawful arrest or a custodial interrogation without proper Miranda warnings.
• Exclude Prejudicial or Inflammatory Evidence that is not scientifically reliable or is more prejudicial than probative.
• Challenge the Sufficiency of the Evidence to proceed to trial, arguing the state cannot prove the essential elements of the felony.

5. Negotiating from a Position of Strength

While we prepare every case for trial, our trial readiness and detailed investigation create leverage for negotiation. Our goals may include:

• Reduction to a Misdemeanor Assault: If the evidence of “impeding” is weak, we may negotiate a reduction to a Class A misdemeanor, avoiding a felony conviction and prison time.
• Deferred Adjudication: For some clients, we may secure a probationary term that, if successfully completed, results in a dismissal of the felony charge.
• Favorable Plea Terms: If the evidence is strong, we fight for the absolute minimum sentence and the best possible terms to protect your future.

The Barton & Associates Advantage: Former Prosecutors Who Know the System

Defending a felony choking charge requires an attorney who understands both the legal nuances and the prosecutorial mindset. Our team of Former Texas Felony Prosecutors provides a decisive edge:

• Insider’s Knowledge of Prosecution Strategy: We have personally evaluated and charged these cases. We know how the state’s medical experts testify, what evidence they rely on, and where their arguments are most vulnerable. We anticipate their moves and counter them effectively.
• Experience with Complex Medical Evidence: We are comfortable in the world of medical testimony and forensic reports. We know how to cross-examine state experts and present compelling counter-evidence to a jury.
• Trial-Tested in High-Stakes Felonies: We are not intimidated by serious allegations. We have taken cases like this to verdict and are fully prepared to defend your innocence before a jury if a fair resolution cannot be reached.

Take Immediate Action to Protect Your Rights

If you are under investigation or have been arrested for Impeding Breath or Circulation, your actions in the immediate aftermath are critical.

1. Invoke Your Right to Remain Silent. Do not give any statement to police. Say, “I will not answer questions without my attorney. I wish to speak with Barton & Associates.”
2. Do not contact the alleged victim by any means. Any contact will be used as evidence of intimidation and will severely damage your case.
3. Document any visible marks or injuries on yourself from the incident through photographs.
4. Write down your detailed recollection of the event while memories are fresh.
5. Contact an experienced felony defense attorney immediately. The sooner we are involved, the sooner we can secure evidence and begin building your defense.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin the work necessary to defend you against these severe felony charges.

Main Category: Criminal Defense
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000