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
64%
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 asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 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 9,191 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), 92% have reached a disposition:

64%
Not convicted (5,881)
Dismissed by the prosecutor51%
Dismissed after a diversion program2%
Dismissed, but convicted on a companion charge2%
Dismissed — refiled or handled in another case8%
No-billed by the grand jury1%
Acquitted at trial0%
24%
Deferred adjudication (2,174)
Deferred adjudication24%
12%
Convicted (1,088)
Guilty or no-contest plea10%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%

How long it takes: the median ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT charge took 327 days from filing to disposition (middle half: 181 – 554 days, 9,187 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris4,982 73%18%9% 352
Dallas1,367 46%40%14% 289
Collin767 62%29%8% 228
Montgomery325 47%28%25% 184
Williamson319 73%20%6% 300
FortBend237 58%29%13% 513

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.

Recent ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT cases

CaseCountyFiledDisposedOutcome
196708101010HarrisJun 4, 2026Aug 28, 2026Dismissed by the prosecutor
197497401010HarrisAug 3, 2026Aug 28, 2026Dismissed by the prosecutor
196696001010HarrisJun 4, 2026Aug 28, 2026Dismissed by the prosecutor
196794301010HarrisJun 11, 2026Aug 28, 2026Dismissed by the prosecutor
196853801010HarrisJun 15, 2026Aug 28, 2026Dismissed by the prosecutor
196152601010HarrisApr 26, 2026Aug 28, 2026Dismissed by the prosecutor
196506201010HarrisMay 21, 2026Aug 28, 2026Dismissed by the prosecutor
196696101010HarrisJun 4, 2026Aug 28, 2026Dismissed by the prosecutor
196791201010HarrisJun 11, 2026Aug 28, 2026Deferred adjudication
197626801010HarrisAug 12, 2026Aug 28, 2026Dismissed by the prosecutor

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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.