Penal Code § 22.01(b-3) · Second-degree felony

ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT

Assault INT/RECK BREATH/CIRC Family Member Previous in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$20,000
Median cash bail
1%
Released on personal bond
4,731
Bail records
57%
Not convicted
332 days
Median time to disposition

What “ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT” means

Texas Penal Code § 22.01(b-3) defines the second-degree-felony combination of family-violence strangulation and a prior family-violence conviction. Beyond bodily-injury assault under § 22.01(a)(1), the State must prove three things. First, the victim's relationship to the defendant must fall within Texas Family Code §§ 71.0021(b), 71.003, or 71.005 — a dating relationship, family membership, or shared household. Second, the defendant must have a previous conviction for a qualifying assaultive or domestic-violence offense — an offense under Penal Code Chapter 22 or Chapter 19, or kidnapping, aggravated kidnapping, or indecency with a child — against a person in one of those relationships. Third, the assault must have been committed by intentionally, knowingly, or recklessly impeding the victim's normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth. Either circumstance alone supports only the third-degree felony under § 22.01(b)(2).

Charged asPossible confinementFineSource
Second-degree felony 2 to 20 years in prison (TDCJ) Fine up to $10,000 Penal Code § 12.33

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

Bail for ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT in Texas

Across 4,731 Texas bail settings for this charge (18 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $20,000 (middle half: $10,000 – $45,000). 1% of defendants were released on a personal bond, and bail was denied in 568 cases. When this was the only charge at booking (1,818 records), the median was $25,000 and 0% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 843 $10,000 $5,000 – $24,250 0% 6%
Harris 705 $30,000 $20,000 – $50,000 0% 2%
Travis 507 $15,000 $7,500 – $25,000 8% 12%
El Paso 468 $15,000 $5,000 – $32,700 2% 41%
Dallas 420 $50,000 $15,000 – $100,000 0% 5%

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 INT/RECK BREATH/CIRC FAM MEM PREV IAT charge

Of 1,520 ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT charges filed 2019–2023 across 12 counties (Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 97% have reached a disposition:

57%
Not convicted (866)
Dismissed by the prosecutor35%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge4%
Dismissed — refiled or handled in another case17%
No-billed by the grand jury1%
Acquitted at trial0%
17%
Deferred adjudication (261)
Deferred adjudication17%
25%
Convicted (377)
Guilty or no-contest plea24%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%

How long it takes: the median ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT charge took 332 days from filing to disposition (middle half: 183 – 558 days, 1,520 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris1,266 62%17%21% 352

Outcome is the final disposition recorded on the charge. “Other” (16) 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 INT/RECK BREATH/CIRC FAM MEM PREV IAT 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

197569901010 · Harris County
Filed Aug 8, 2026 → Dismissed by the prosecutor Aug 28, 2026 (1 month)
DISMISSED
25-01-00700 · Montgomery County
Filed Jan 14, 2025 → Dismissed by the prosecutor Jul 16, 2026 (18 months)
Dismissed
105294-CR · Brazoria County
Filed Dec 17, 2025 → Dismissed by the prosecutor Jun 10, 2026 (6 months)
Dismissed
CR-22-4941-C · Hays County
Filed Mar 15, 2023 → Dismissed by the prosecutor Jun 2, 2026 (39 months)
Dismissed

Deferred adjudication

196756001010 · Harris County
Filed Jun 8, 2026 → Deferred adjudication Aug 28, 2026 (3 months)
CR-25-2233-E · Hays County
Filed Sep 3, 2025 → Deferred adjudication Jun 2, 2026 (9 months) · plea: guilty
26-0285-K512 · Williamson County
Filed Feb 19, 2026 → Deferred adjudication May 4, 2026 (2 months) · plea: guilty
CSCD 4 Years
401-80394-2026 · Collin County
Filed Feb 3, 2026 → Deferred adjudication Apr 17, 2026 (2 months) · plea: guilty

Ended in a conviction

25-12-19508 · Montgomery County
Filed Dec 1, 2025 → Guilty or no-contest plea Jul 30, 2026 (8 months) · plea: guilty
CSCD 6 Years with Community Service of 240 Hours $1,000 Fines
26-0017-K26 · Williamson County
Filed Jan 5, 2026 → Guilty or no-contest plea Jun 30, 2026 (6 months) · plea: guilty
Confinement to Commence 06/30/2026 5 Years , Texas Dept. Of Criminal Justice, Texas Department of Corrections Jail Credit 179 Days
187586801010 · Harris County
Filed Jul 9, 2024 → Convicted (plea vs. trial not recorded) Jun 2, 2026 (23 months)
PROBATION REVOKED
416-80629-2026 · Collin County
Filed Feb 12, 2026 → Guilty or no-contest plea May 28, 2026 (3 months) · plea: guilty
Convicted: Guilty Plea - No Jury

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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.