The Texas Court of Appeals recently upheld the conviction of Patrick Anthony Currie for assault family violence by impeding breath or circulation. This decision, made on August 21, 2026, affects Currie, who is now facing a 50-year prison sentence. The ruling highlights the legal standards regarding jury instructions for lesser-included offenses in assault cases.
Currie was convicted of a third-degree felony due to his habitual felony offender status. He argued that the trial court made a mistake by not allowing the jury to consider a lesser-included offense of misdemeanor assault family violence. This case underscores the complexities of legal definitions and jury instructions in domestic violence cases.
Currie was charged on November 6, 2025, after an incident involving his then-girlfriend, Caitlin Mayberry. During the assault, he allegedly restricted her breathing by placing his forearm around her neck. The trial began on November 17, 2025, and Currie represented himself. During the trial, Mayberry testified about the incident, which led to the charges against Currie.
At a charge conference before the jury, Currie requested that the jury be instructed on the lesser-included offense of misdemeanor assault family violence. The trial court, however, ruled that misdemeanor assault was not a lesser-included offense of the felony charge. The court stated that the elements required for each offense were distinct and did not overlap sufficiently to warrant such an instruction.
The jury ultimately found Currie guilty, and he was sentenced to 50 years in prison after admitting to his prior felony convictions. Currie appealed the decision, focusing on the trial court's refusal to include the lesser-included offense in the jury instructions.
The court ruled that the trial court did not err in denying Currie's request for the lesser-included offense instruction. The court referenced a previous ruling in Ortiz v. State, which clarified that misdemeanor assault family violence is not a lesser-included offense of felony assault family violence by impeding breath or circulation. The court explained that the specific injury involved in the felony charge is distinct from the broader category of bodily injury that defines the misdemeanor charge.
Justice Clarissa Silva, along with Chief Justice Tijerina and Justice Cron, affirmed the trial court's judgment. The opinion stated, "The trial court was not required to instruct the jury on the requested instruction where the conduct establishing the lesser-included offense is not included within the conduct charged." This ruling reinforces the legal principle that not all related offenses qualify for lesser-included status in jury instructions.
The impact of this ruling is significant for future cases involving domestic violence. It clarifies the legal standards for jury instructions and reinforces the notion that only offenses that share sufficient legal elements can be considered lesser-included. This decision may affect how defendants approach their defense strategies in similar cases.
Going forward, the ruling sets a clear precedent regarding lesser-included offenses in Texas. It emphasizes the importance of the specific elements of each charge and how they relate to one another. Currie may seek further legal recourse, but details were not available in the court filing regarding any potential appeals or related cases.