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3rd degree felony assault for impeding breathing/ circulation in Texas?

Dallas, TX |

My now-ex abusive boyfriend tried to smother me, so now he is in jail on felony assault. I don't think he has any other domestic violence convictions but I think he had a previous assault charge about 10 years ago. I don't know if he served time or went through a diversion program. Other than that he has some misdemenor MJ possession and DWI on his record. The sentencing can be 2-10 years on this, but will he really get at least 2 years? I'd be happy with 6 months in county jail and probation- I don't want to have any contact with him, but I also don't want to send him to prison for 2-10. Realistically in Dallas County what could he get sentenced to? Thanks!

I found out his previous assault charge was in 1997- he got 1 yr probation, 180 days jail, anger management classes, 80 hours community service. I don't know if he actually served the jail time- I think it was deferred. He went back to jail a couple times for probation violations and the case finally settled in 2000.

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Attorney answers 2


I would suggest you contact the Dallas District Attorney's Victim Coordinator- 214-653-3600.
Let them know how you feel about the case. They do not have to accept your request for a particular sentence, but they will listen to your concerns.


As Robert points out, calling the prosecutors and talking to them about what you want to see happen is important. They are not bound by your requests but it may change how they pursue the case and what sort of goal they set for the case.

County jail time is only really a possibility if they reduce this charge, and given his record, there's no guarantee that they will do that. A reduction to an attempted enhanced FV assault that gets 12.44'ed or to a Class A FV assault could result in county time; if he's convicted of the 3rd degree and sentenced to time, he has to be sentenced to at least 2 years, but he could be released earlier.