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
56%
Not convicted
323 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 asShare of bail recordsPossible confinementFineSource
Second-degree felony100% 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 1,567 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:

56%
Not convicted (876)
Dismissed by the prosecutor34%
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%
18%
Deferred adjudication (283)
Deferred adjudication18%
25%
Convicted (392)
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 323 days from filing to disposition (middle half: 175 – 553 days, 1,567 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris1,260 62%17%21% 354

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.

Recent ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT cases

CaseCountyFiledDisposedOutcome
196552201010HarrisMay 24, 2026Aug 28, 2026Dismissed by the prosecutor
196756001010HarrisJun 8, 2026Aug 28, 2026Deferred adjudication
197005701010HarrisJun 26, 2026Aug 28, 2026Dismissed by the prosecutor
197569901010HarrisAug 8, 2026Aug 28, 2026Dismissed by the prosecutor
196061601010HarrisApr 20, 2026Aug 27, 2026Dismissed by the prosecutor
196254701010HarrisMay 3, 2026Aug 27, 2026Dismissed by the prosecutor
195928801010HarrisApr 9, 2026Aug 27, 2026Dismissed by the prosecutor
196146801010HarrisApr 25, 2026Aug 26, 2026Dismissed by the prosecutor
195817601010HarrisApr 1, 2026Aug 26, 2026Deferred adjudication
195418701010HarrisFeb 28, 2026Aug 24, 2026Dismissed by the prosecutor

Charged with ASSAULT INT/RECK BREATH/CIRC FAM MEM PREV IAT?

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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.