Penal Code § 22.01(b)(2)(b) · Third-degree felony

ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT

Assault Family/Household Member Impeding Breath or Circulation in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$10,000
Median cash bail
1%
Released on personal bond
51,292
Bail records
67%
Not convicted
327 days
Median time to disposition

What “ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT” means

Texas Penal Code § 22.01(b)(2)(B) defines assault of a family or household member or dating partner by impeding breath or circulation — commonly described as assault by strangulation or suffocation. The State must prove a bodily-injury assault under § 22.01(a)(1) against a person whose relationship to the defendant falls within Texas Family Code §§ 71.0021(b), 71.003, or 71.005 — a dating relationship, family membership, or shared household — and that the defendant committed the assault by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of that person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. The manner of the assault is the distinguishing element: the same relationship with a qualifying prior conviction instead falls under § 22.01(b)(2)(A), and impeding breath combined with such a prior conviction falls under § 22.01(b-3).

Charged asPossible confinementFineSource
Third-degree felony 2 to 10 years in prison (TDCJ) Fine up to $10,000 Penal Code § 12.34

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Bail for ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT in Texas

Across 51,292 Texas bail settings for this charge (123 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $25,000). 1% of defendants were released on a personal bond, and bail was denied in 3,436 cases. When this was the only charge at booking (22,284 records), the median was $12,000 and 1% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 7,090 $5,000 $3,000 – $10,000 0% 4%
Dallas 4,565 $15,000 $10,000 – $25,000 0% 3%
Harris 3,963 $15,000 $10,000 – $25,000 1% 1%
Bexar 3,889 $15,000 $10,000 – $20,000 0% 10%
Travis 3,362 $10,000 $5,000 – $15,000 5% 7%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

What usually happens to a ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT charge

Of 8,105 ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT charges filed 2019–2023 across 13 counties (Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 91% have reached a disposition:

67%
Not convicted (5,415)
Dismissed by the prosecutor52%
Dismissed after a diversion program2%
Dismissed, but convicted on a companion charge2%
Dismissed — refiled or handled in another case9%
No-billed by the grand jury1%
Acquitted at trial0%
21%
Deferred adjudication (1,712)
Deferred adjudication21%
12%
Convicted (930)
Guilty or no-contest plea10%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)1%

How long it takes: the median ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT charge took 327 days from filing to disposition (middle half: 186 – 553 days, 8,101 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris5,001 73%18%9% 351
Collin769 62%29%8% 228
Montgomery326 47%28%25% 184
Williamson320 73%20%6% 300
Dallas254 55%32%11% 206
FortBend240 58%30%13% 514

Outcome is the final disposition recorded on the charge. “Other” (48) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How real ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT cases ended

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

196696001010 · Harris County
Filed Jun 4, 2026 → Dismissed by the prosecutor Aug 28, 2026 (3 months)
DISMISSED
26-05-09052 · Montgomery County
Filed May 28, 2026 → Dismissed by the prosecutor Aug 27, 2026 (3 months)
Dismissed
26-1274-K512 · Williamson County
Filed Aug 3, 2026 → Dismissed by the prosecutor Aug 22, 2026 (1 month)
Dismissal
26-DCR-114449 · FortBend County
Filed Mar 30, 2026 → Dismissed by the prosecutor Aug 20, 2026 (5 months)
Dismissed

Deferred adjudication

196855901010 · Harris County
Filed Jun 16, 2026 → Deferred adjudication Aug 28, 2026 (2 months)
25-DCR-111675 · FortBend County
Filed Jun 30, 2025 → Deferred adjudication Aug 20, 2026 (14 months) · plea: guilty
CSCD 2 Years
CR2025-920E · Comal County
Filed Nov 19, 2025 → Deferred adjudication Jul 28, 2026 (8 months) · plea: guilty
CSCD 10 Years with Community Service of 200 Hours
103714-CR · Brazoria County
Filed May 8, 2025 → Deferred adjudication Jul 14, 2026 (14 months) · plea: guilty
CSCD 2 Years with Community Service of 120 Hours

Ended in a conviction

25-11-18362 · Montgomery County
Filed Nov 10, 2025 → Guilty or no-contest plea Aug 25, 2026 (9 months) · plea: guilty
Confinement to Commence 08/25/2026 2 Years , TDCJ - Prison, Texas Department of Criminal Justice Jail Credit 197 Days 197 Days Towards Incarceration
26-0163-K368 · Williamson County
Filed Feb 2, 2026 → Guilty or no-contest plea Aug 12, 2026 (6 months) · plea: guilty
Confinement to Commence 08/12/2026 2 Years , Texas Dept. Of Criminal Justice, Texas Department of Corrections Jail Credit 194 Days
CR2026-305A · Comal County
Filed Mar 4, 2026 → Guilty or no-contest plea Aug 6, 2026 (5 months) · plea: guilty
Confinement to Commence 08/25/2026 7 Years , Texas Dept. of Criminal Justice, Texas Department of Criminal Justice Jail Credit 256 Days
CR-24-2183-F · Hays County
Filed May 23, 2024 → Guilty or no-contest plea Jul 14, 2026 (26 months) · plea: guilty
Confinement to Commence 07/14/2026 10 Years , Institutional Division, Department of Corrections Suspended 10 Years Concurrent with Prior Sentence CSCD 10 Years with Community Service of 250 Hours

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.