My question involves criminal law for the state of: TX, Bexar county
My husband came over to my apartment while we were seperated and I did not let him in because I had a male friend over. He pretty much pushed pass me (burg. of habitation) and fought my friend for a brief second (assault). We started to argue. My friend grabbed a gun that was in the nightstand and chased my husband out and then shot at him. My husband then ran to his truck grabbed his gun and returned fire and ended up shooting my friend in the arm. When I gave my statement I was so confused and was being told by so many different people what "had" happened. My statement was false all because I didnt know which way was up at the time. He then was charged with aggravated assault with a deadly weapon and deadly conduct. He spent 3 weeks in jail before he was bailed out. The D.A. changed the charge to Burg. of habitation and assault I am thinking because I went to him (assistant D.A.) and told him that I had gave a false report and I even offered that I be thrown in jail for giving a false report (thats how bad I felt) My husband has no previous run ins with the law what so ever. In fact he just got his first speeding ticket in years. Now the questions:
Is the new charges better then the agg. assault with deadly weapon and deadly conduct?
Why did his attorney get a court date and it still says his charges are agg. assault and arent changed to what the D.A 's "files" say?
When I went to the court house and looked up my husband by SID number it also says agg. assault with deadly weapon. Why is that??????
Will my husband do time? :confused:
Thank you to everyone who can help, even if its a little. Any help is greatly appreciated.
Burglary of a Habitation With Assault
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09-02-2010, 08:17 PMellisja74Burglary of a Habitation With Assault
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09-02-2010, 09:05 PMaardvarcRe: Burg. Hab. W/Assault, TxYes, much better. At least the very long years of prison time is off the table. He's looking at a second degree felony (and probably multiple charges)....so 2 years is the MINIMUM if he's convicted, and up to 20 years is possible under Texas Penal Code:Quote:
Quoting ellisja74
Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Because until the court date actually HAPPENS, and the DA formally announces the charges in court, the current charges are what are "on the books" at this time.Quote:
Why did his attorney get a court date and it still says his charges are agg. assault and arent changed to what the D.A 's "files" say?
When I went to the court house and looked up my husband by SID number it also says agg. assault with deadly weapon. Why is that??????
I'd say it's a very strong possibility, unless he either (a) pleads to a lesser charge, (b) is found guilty of a lesser charge, or (c) is found not guilty.Quote:
Will my husband do time? :confused: