Aggravated Assault with Firearm

[LilBit-3rdWard]

My question involves criminal law for the state of: Texas

Husband being charged - medically diagnosed with PTSD (at time of incident didnt have medication)
Victim - child - diagnosed with ADHD and Oppositional Defiant Disorder
Witness - Husband's Mother (visiting for the weekend)
Other factors - Husband was stressed with work; also child deliberately being bad to get kicked out of school which also caused stress at work; also long wait to recieve medication due to redeployment back to US.

Husband was having chest pains and asked child to help twice and child refused both times. I came home and asked what happened and took husband to hospital. He was admitted over night for observation and returned home the next day. Husband came home and for a second he was okay .... We both washed our vehicles to take our minds off what had happened with child. We came into the house. I went to the bathroom and my Husband went into the childs room and confronted the child and asked why he didnt call 911 and why he didnt want to help. He was upset about what the child did and took the childs stuffed animal and ripped it. I came out the bathroom and didnt know what had happened. My mother-in-law saw the entire thing and told me what had happened. My husband told me what happened also and said he had a weapon when he confronted the child. The child said that my husband had a weapon also. My mother-in-law said she saw the entire thing and didnt see a weapon at all.

I know husband was upset but when I came out the bathroom I saw no eveidence that my weapon was moved. Especially if it happened that fast. I didnt tell Husband where key was to access the weapon in the first place.

Will mental capapcity play a role in verdict?
If so, will it reduce sentencing?
Does case have any chance of being dismissed?
Suggestions?

[aardvarc]

Will mental capapcity play a role in verdict?

We can't predict that. Possible verdicts could include guilty, not guilty, or not guilty by reason of insanity. I wouldn't be counting on an insanity defense however.

If so, will it reduce sentencing?

His defense attorney can certainly put forth potential mitigating circumstances. However, if he was prescribed medication for his PTSD, and wasn't currently TAKING the medication as directed, that's likely to be seen as WILLFUL on his part and contributory towards any actin he's going to claim was PTSD related. And he returned home a SOUGHT OUT this child to vent his anger on. Not gonna convince many jury members that this was reactionary violence. More likely to be seen as temper, out of control.

Does case have any chance of being dismissed?

Only the prosecutor can answer that question, after reviewing all of the evidence, speaking to witnesses, and evaluating the strength of the state's case against him.

Suggestions?

He needs to be speaking to a criminal defense attorney, ASAP.

[flyingron]

PTSD doesn't indicate that he doesn't know right from wrong. It shouldn't have any role on the verdict.
This is a VERY serious charge when you combine aggravated assault, deadly weapon, and domestic violence. He's looking at 5 to life.
Given what you told us, there's no chance in hell this is just going to be dismissed.

Your husband is in very dire need of a lawyer, not an internet forum. There definitely seems to be some holes in the witness statements but your husbands self-incriminating statements do not bode well.