ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRC on Texas arrest paperwork, a bond sheet, or a court docket means: Assault of a Family or Household Member by Impeding Breath or Circulation, charged under Texas Penal Code § 22.01(b)(2)(B).

Charge level: Third-degree felony

Punishment range: 2 to 10 years in prison and a fine of up to $10,000 (second-degree felony with a prior family-violence conviction)

What this charge really means

The ‘choking’ allegation converts a misdemeanor assault into a felony based on contested seconds of a chaotic incident — and it is charged frequently on word alone. Medical evidence (or its absence), inconsistent statements, 911 audio, and photographs matter enormously. These cases are also among the most likely to involve a complaining witness who later recants or does not want prosecution — which the state can and does proceed without, but which changes the trial calculus.

Common questions

Why is my assault charge a felony when it’s a first offense?

An allegation of impeding breath or circulation (‘choking’) of a family or household member is automatically a third-degree felony in Texas — no prior required.

The complaining witness wants to drop the charges — will the case go away?

Not automatically. The decision belongs to the prosecutor, and Texas offices routinely proceed without the complainant. But a non-cooperative witness materially affects what the state can prove.

What evidence matters most?

Medical documentation, photos over time, 911 recordings, prior inconsistent statements, and physical evidence at the scene. The absence of expected injury evidence is itself a defense theme.

Charged with ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRC? Move fast.

Charges like this are shaped in the first weeks — evidence gets preserved or lost, and early counsel changes outcomes. Our attorneys are former police officers who know how these cases are built. Get a free consultation — we’ll review the facts, explain your realistic options, and quote a flat fee. Available 24/7.

This page is general legal information for Texas, not legal advice about your specific case. Penalty ranges can change with enhancements, priors, and case-specific facts. Last reviewed July 2026.