Q: Assault with intent to restrict or impede breath / circulation: bond amount and sentence prediction
A: Assault w/ impeding circulation is a felon in Texas could be enhance to next higher offense with prior felony convictions. You should consult with attorney and provide additional information.
A: Even with no prior felony convictions, it could be prosecuted as a SECOND DEGREE felony pursuant to Section 22.01(b-3) based on a prior misdemeanor family violence conviction or deferred adjudication. The punishment range is 2 to 20 years in the state penitentiary. It would be foolish to attempt to predict the sentence without access to the evidence. In fact, the defendant should be presumed innocent.
It is no exaggeration to say that his future hangs in the balance. The rest of his life may be determined by the outcome of this case. He should hire the best defense team available to take his case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.