The assault statue in Texas is complicated. There are many ways a person can commit an assault in Texas; and, likewise, there are a variety of different penalties. It can be found in Section At its most simple definition, assault essentially means causing bodily injury. Bodily injury means causing pain. However, there are different ways to commit assault. Basically, it comes down to how the alleged assault is committed, or how the arresting officers perceive the assault.
It also depends to how the victim is related to youβis the victim a family member? Or is it someone you live with, like a roommate? This page examines some of the penalties or aspects of an allegation of choking. In the world of criminal defense, choking is called impeding breathing or circulation. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. The definition of family member comes from Chapter 71 of the the Texas Family Code.
For the actual text of the law, click on the link. The Code defines family member very broadly, and this also includes former spouses, and also people who are parents of the same child or children. This includes both natural parents and parents of adopted children, and foster children as well.
It makes no difference under the law if the two people live together or live apart. Assault is physical injury to someone's body. If the alleged victim in an assault case accuses you of putting your hands on their neck, you will be charged with a more serious penalty than regular assault. You will be charged with Assault Impeding Breathing or Circulation. That is a mouthful, but it basically comes down to choking someone. Impeding breath or circulation is a relatively new addition to the assault statute in the Texas Penal Code.
If you are alleged to have impeded the breath or circulation of a person, you will be facing a felony criminal allegation. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. Bodily injury simply means causing someone pain. Pain is a totally subjective concept, and it is up to the alleged victim in the assault case whether they experienced pain or they did not. When police conduct an investigation after being called to the scene, most agencies are trained to ask the victim "did you feel pain?
