ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IATTexas Penal Code (PC) § 22.01(b-3)
“ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT” stands for Strangulation of a Family Member with a Prior Family-Violence Conviction, a second-degree felony under Texas Penal Code (PC) § 22.01(b-3). It is punishable by 2 to 20 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT” mean?
“ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT” stands for Strangulation of a Family Member with a Prior Family-Violence Conviction, a second-degree felony under Texas PC § 22.01(b-3).
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).
What usually happens to a ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT charge?
57% ended without a conviction, 17% in deferred adjudication and 25% in a conviction.
How 1,520 resolved ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT charges filed 2019–2023 ended, across 12 counties (Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,266 | 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 long does a ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT case take to resolve?
Typically about 11 months: half of resolved cases closed within 332 days of filing.
Across 1,520 resolved ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT charges filed 2019–2023, the median time from filing to disposition was 332 days. The middle half took between 183 and 558 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT cases end?
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
Deferred adjudication
Ended in a conviction
What is the punishment for Strangulation of a Family Member with a Prior Family-Violence Conviction in Texas?
2 to 20 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| 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.
How much is bail for ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT in Texas?
The median bail is $20,000, and 1% of defendants were released on a personal bond.
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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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.
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Find a Defense AttorneyBail 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.