Agg Assault SBI FV, in Texas

[cantholdmedown]

I have a few questions, this has never happened to me before and I am unfamiliar with the way court/jail/sentencing works.

I was assaulted on Thursday - very badly, beyond words, but thankfully only a fractured left orbital. I had to sneak out of my own home and find a policeman on the street to assist me. When we got back to my house the person that did it wasn't there (my now ex). I was transported to the hospital. The cops did find him at my house while I was at the hospital, arrested him, apparently he was injured by them (who knows), and is now in jail. Since then I have been with relatives.

He has been calling and leaving messages, basically saying they are offering him 10 years? I have not yet gotten downtown to fill out my packet to file/pursue charges - and I was told by the officers I needed to do so, but if they are already offering him time do I really need to go?

Generally what is the process here? Is there any possibility he will get out of jail on bond? Any/All help will be greatly appreciated.

[Happy Trails]

You were assaulted Thursday, and they are already offering him a deal?

He isn't telling you the truth.

Why don't you want to fill out the packet?

It is very possible that he will be released on bond.

[cantholdmedown]

I am going to fill out the packet. Believe me - there is nothing I want more. I got back from the hospital yesterday and just haven't left the house yet. I am staying with relatives to avoid being at the house because I dont know if he will/can be released on bail. I am scared to death.

I didn't think that he would have gotten a deal this quickly - that is why I asked on this forum. I am pretty sure he is lying about a lot of things. I haven't talked to him, but he has left many messages on my voice mail. I didn't think you could call from jail without it being a collect phone call either?? Apparently in Harris County you can?

Thank you for your help though - searching the internet is difficiult because of jurisdictional diffrences I supose.

[Happy Trails]

He is trying to intimidate you or make you feel sorry for him.

Have your relatives bring you to the station to get the packet. Have someone else check your messages, you don't need to be bothered by him.

[cantholdmedown]

Thanks for the advice - you have been a great deal of help from a morning of Googling.

[aardvarc]

It's quite possible that he will be issued a restraining order before they release him - if not, you can contact these agencies for Harris County, and they can assist you in getting one:

AVDA (Houston) 713-224-9911
Family Service Center 713-861-4849
Family Violence Center 713-583-2539
Family Violence Program 713-528-2121
New Horizon 800-824-4807
Roseate Women's Center 713-351-4357
Turning Point (Webster) 281-286-2525

Harris County, TX also provides VINE service - and automated service that can notify you if/when someone's inmate status changes (ie they get out of jail) - that way you don't have to sit up at night wondering. You can find info and signup at:

TEXAS VINE
Victim Information and Notification Everyday
1-877-TX4-VINE
Toll-Free (1-877-894-8463)
http://www.vinelink.com or you can check his status yourself by visiting http://apps.jims.hctx.net/sopublic/.

The sheriff's office also has an excellent Victim Assistance Unit. They can help to answer questions you might be having about who will get to live where, what steps you can take, what will happen next, what rights do you have, what will happen in court, etc. They can be reached at 713-967-5800
Monday- Friday 9am - 5pm.

Remember, a restraining order is only a piece of paper. And while it IS an important part of keeping you safe, in and of itself it only helps if another incident occurs. Make sure that you are working on a safety plan for yourself and any children involved. Your local programs can assist with this, or you can get a head start by visiting http://www.aardvarc.org/dv/plan.shtml

[cantholdmedown]

I was informed last night by Harris County - he is being charged with just Assault SBI - what is the diffrence in the penalties? I know the charge is a 3rd Degree Felony (as per Harris County Booking).

[Happy Trails]

I was informed last night by Harris County - he is being charged with just Assault SBI - what is the diffrence in the penalties? I know the charge is a 3rd Degree Felony (as per Harris County Booking).

The only difference between a 2nd degree felony and a 3rd degree is the 2nd degree felony is punishable by imprisonment not more than 20 years or less than 2 years.
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§ 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.