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.
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)
Re: Felony 3 Assault Family Violince Impeding Breathing
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kimhernandez
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.
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kimhernandez
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.
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kimhernandez
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.
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kimhernandez
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.
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kimhernandez
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?
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kimhernandez
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.
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.
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!
Re: Felony 3 Assault Family Violince Impeding Breathing
You have a problem with the facts:
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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:
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And t hen I said I don't want him going back to jail
again, BACK to jail.
so, with charges like this:
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Felony 3 Assault Family Violince impeding breathing.
how was your husband impeding your father's breathing?
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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;
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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
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!
Re: Felony 3 Assault Family Violince Impeding Breathing
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kimhernandez;753128]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!
you said this:
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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.
so, when your dad hit your husband, you said then that you didn't want him going back to jail. That is before the cops came and arrested him. Your words, not mine.
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He hit him in the for arm
but you said:
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no punches were thrown
again, your words, not mine.
then we have:
yet you followed that immediately with a description of the injuries each sustained:
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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.
your words, not mine.
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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
so getting hit in the arm is not due to a "punch being thrown"
and unless somebody told the cops his breathing was somehow restricted, they aren't going to just toss that in their report. Somebody told them something that lead them to believe it to be true.
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and all that happend outside
it happened outside but for some reason you just said something about the lights in the kitchen being turned off. Do you have an outside kitchen with lighting?
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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!
maybe if your statements were clear and did not dispute one another but alas, I'll not hold my breath waiting for that.
Re: Felony 3 Assault Family Violince Impeding Breathing
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kimhernandez
they both went to jail that night so there for he does not want to go back from going that NIGHT!
Ok, so what you mean to communicate is that they both bonded out after the initial arrest, pending trial, and you're afraid one or both of them may be found guilty at trial and sentenced to incarceration. Yes, that's a possibility. True, most people don't want to be convicted of a crime and sentenced to sit behind bars for some period of time. That's why hubby needs to be working with the best criminal defense attorney he can find. From the details you've provided, the state appears to have a decent case against him.
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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
What JK was asking is HOW the cops got involved in the first place. Now we know that this incident which started inside spilled outside where it could be seen by others - and SOMEONE thought it was violent enough to notify police. "Take downs" often include holds to the head and neck, and yep, that's likely to result in a criminal charge - especially when the aggressor doing the take down is the one who used that level of force first (you told us he used the take down BEFORE punches were thrown - that's not what the law allows as self defense - you don't get to strike first "proactively"). Whichever one followed the other outside is likely to be seen as the primary aggressor.
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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!
The only possible legal advice is this: Your husband needs to be speaking to his attorney, and ONLY his attorney.
Re: Felony 3 Assault Family Violince Impeding Breathing
It is standard practice in TX that if there is any kind of injury around the mouth, chin they recommend 2nd degree felony charges. In order to indict someone on felony charges the Grand Jury needs to review the evidence and vote for indictment. If there is a lack of evidence the DA may just file misdemeanor charges.
I agree with the previous commenter that there are a lot of unknown factors about who started what and how the police got involved because it makes a HUGE difference, if the neighbor or the victim called the police, who saw what exactly and what statements were given to the police.
For example according to Texas law it is not against the law if parties agree to fight. Your husband needs to speak to an attorney and make sure he does not lie. The bottom line is that it’ll cost you guys arms and legs.
Unfortunately, he will be suspended from his law enforcement training because it is not likely that an issue like this will be resolved within a year and even if the case gets dismissed it'll still come up when applying for a position in law enforcement. If he gets convicted or pleads guilty that will ban him from the military or law enforcement for life!