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  1. #1

    Default Felony Assault Charge for Impeding Breathing, Family Violence

    My question involves criminal law for the state of: Texas. SO what happened my husband and my dad got in a little argument no punches were thrown and know one got hurt the only thing that happened is my husband got a scrap on his knee and my dad a cut on his finger they did that to themselves. Neither of them are pressing charges, my husband is a big guy as in muscular. I was there when the whole thing happened no know chocked anyone or no breathing was restricted. Know punches were even thrown the only thing happened was my husband took my dad to the ground before the situation exculated. So he got charged with a Felony 3 Assault Family Violince impeding breathing. He has never been in trouble before not even a speeding ticket. He is so worried he is going to go back to jail and even prison. I use to work for a attorney and i talked to her she says he wont go to either jail or prison only two things will happen they will drop it or he will get 5 months probation with adjudication. I just need some more help some more reassurance he is going to school right now to be a cop and I do not want him in jail or prison he has never been in trouble.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Felony 3 Assault Family Violince Impeding Breathing

    He needs to speak with his attorney - not your friend, but his own attorney.

    We cannot guarantee what will or will not happen to your husband.

    With that said, what exactly (statute number?) has he been charged with?

    (He may need to rethink his choice of career too)

  3. #3
    Join Date
    Jan 2012
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    Tacoma, WA
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    Default Re: Felony 3 Assault Family Violince Impeding Breathing

    Quote Quoting kimhernandez
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    the only thing that happened is my husband got a scrap on his knee and my dad a cut on his finger they did that to themselves.
    So, there were visible fresh injuries to both parties. Regardless of your claim that “they did that to themselves,” the injuries are also consistent with hubby holding dad down on the ground and dad trying to defend against choking. Physical evidence like visible injuries, even when differing conclusions can be drawn, is often viewed as more credible than testimonial evidence.

    Quote Quoting kimhernandez
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    Neither of them are pressing charges,
    Neither has the authority to press charges. The STATE is pressing charges. What I believe that you are actually saying is that neither is actively petitioning the state to press charges.

    Quote Quoting kimhernandez
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    my husband is a big guy as in muscular.
    Ok, and what is dad’s physical stature and condition. An obvious discrepancy in physical ability could well be viewed to show that hubby was the primary aggressor.

    Quote Quoting kimhernandez
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    I was there when the whole thing happened no know chocked anyone or no breathing was restricted. Know punches were even thrown the only thing happened was my husband took my dad to the ground before the situation exculated.
    Ok, so your husband clearly initiated an illegal physical assault on dad and was the primary aggressor. Therefore, the only thing you can dispute is the claim of choking, which (I presume) raises the the assault from a misdemeanor to a felony.

    Quote Quoting kimhernandez
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    He has never been in trouble before not even a speeding ticket. He is so worried he is going to go back to jail and even prison.
    If he has “never been in trouble before,” why would he be worried about going BACK to jail?

    Quote Quoting kimhernandez
    View Post
    I use to work for a attorney and i talked to her she says he wont go to either jail or prison only two things will happen they will drop it or he will get 5 months probation with adjudication. I just need some more help some more reassurance he is going to school right now to be a cop and I do not want him in jail or prison he has never been in trouble.
    If he is convicted of even a misdemeanor DV assault, he might as well start considering truck driving school and give up any hope of becoming a cop. A DV conviction will preclude him from owning or possessing a firearm – a requirement to work in law enforcement. Even a deferred adjudication deal will likely result in loss of firearm rights.

    Hubby certainly needs to retain competent legal representation (NOT simply you talking to from your former employer). However, it seems like there is ample evidence against hubby for, at least, misdemeanor DV assault. So, neither you nor he should get your hopes up too high for either dismissal of charges or acquittal.

  4. #4

    Default Re: Felony 3 Assault Family Violince Impeding Breathing

    And, even if by some chance the charge gets dropped, it's STILL going to be visible to a law enforcement agency doing a pre-employment background check. And agencies don't like to hire officers whose conflict resolution skills in an "argument" result in a family violence arrest, conviction or not.

  5. #5

    Default Re: Felony 3 Assault Family Violince Impeding Breathing

    What even started all this was my dad hit my husband in the four arm. And t hen I said I don't want him going back to jail because they took both of them to jail both are getting charged but my husband is the one that's charges are worse. My dad is also a big guy not muscular he is over weight. I am so scared of him going to jail or worse. We have a consultation with a attorney Thursday so I am hoping all goes good!

  6. #6
    Join Date
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    38,867

    Default Re: Felony 3 Assault Family Violince Impeding Breathing

    You have a problem with the facts:


    So he got charged with a Felony 3 Assault Family Violince impeding breathing. He has never been in trouble before not even a speeding ticket. He is so worried he is going to go back to jail and even prison
    he is afraid of going BACK to jail? apparently he has been in trouble before.

    and just in case you want to claim it was a mistake, from your latest post:

    And t hen I said I don't want him going back to jail
    again, BACK to jail.

    so, with charges like this:
    Felony 3 Assault Family Violince impeding breathing.
    how was your husband impeding your father's breathing?


    What even started all this was my dad hit my husband in the four arm.
    so your dad just walked up and hit your husband in the forearm? If it was not a big deal, why did somebody call the cops?

    Oh, and btw, from the first post;

    SO what happened my husband and my dad got in a little argument no punches were thrown


    no punches were thrown yet this started with your dad punching your husband in the arm








  7. #7

    Default Re: Felony 3 Assault Family Violince Impeding Breathing

    I don't have a problem with the facts He hasn't been in trouble if you read it stats they both went to jail that night so there for he does not want to go back from going that NIGHT! He hit him in the for arm because he turned off the light in the kitchen not knowing he was in there and I don't know where the cops got the choking from that from he just took him to the ground before punches were thrown and all that happend outside so there for someone called the cops so please read it correctly before you answer it stats they took both of them to jail so no he has not been in trouble other then that night! This whole situation is very emotional for me and my husband so would like advice from someone who will read it correctly and not state my facts are not correct!

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