Felony Assault

[vinella]

My boyfriend and I got into an argument when we were in Austin, TX. He was really drunk, hit me and gave me a black eye. He has had domestic violence charges against him before, and now his lawyer says that his case has been bumped to a felony charge. The state pressed charges, I did not, but I gave a statement to put a restraining order against him with the Dallas DA's office. I never went to trial for it. I went to one counseling session at a womens shelter, but never followed up. My boyfriend thinks that by me doing these two things I bumped his charge up to a felony, is this true? If so what other precautions can he take to keep him from going to prison?

[aardvarc]

The time to think about not going to prison is BEFORE he decides that he has the right to hit you. (And no, drinking does not CAUSE domestic violence, so if this is playing into how you're looking at it, research shows that they are CO-RELATED issues, but NOT cause and effect!)

The restraining order is after the fact, so is any contact with the shelter, neither of which has a bearing on the charges brought in the case. (But COULD make things WORSE if he violates the order now that it is in place!) Having a prior history of this behavior is the issue. The best he can do at this point is hire a good defense attorney and follow that attorney's advice EXACTLY TO THE LETTER.

[Baystategirl]

My boyfriend and I got into an argument when we were in Austin, TX. He was really drunk, hit me and gave me a black eye. He has had domestic violence charges against him before, and now his lawyer says that his case has been bumped to a felony charge. The state pressed charges, I did not, but I gave a statement to put a restraining order against him with the Dallas DA's office. I never went to trial for it. I went to one counseling session at a womens shelter, but never followed up. My boyfriend thinks that by me doing these two things I bumped his charge up to a felony, is this true? If so what other precautions can he take to keep him from going to prison?

Never believe anything a man that beats you says.

[cdwjava]

YOU did not do anything to "make" this a felony. HE made it a felony by whopping you and by giving you the black eye.

This is HIS doing, and NOT yours. He only has himself to blame.

- Carl