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Louis Murat Newman IV

Louis Newman’s Answers

13 total

  • What is the difference between Felony 1, 2, amd 3

    What is the difference in seriousness between the three felonies

    Louis’s Answer

    Are you asking about the difference between First, Second, and Third Degree Felonies?

    A First Degree Felony is punishable by 5 years to 99 years or Life and includes such crimes as murder, aggravated robbery, aggravated sexual assault, aggravated kidnapping, high amount of drug cases, and many others.

    A Second Degree Felony is punishable by 2 years to 20 years in TDCJ and includes offenses like Robbery, Aggravated Assault, Sexual Assault, and others.

    A Third Degree Felony is punishable by 2 years to 20 years in TDCJ and includes offenses like DWI-3rd Offender, Assault-Family Violence (2nd), lower level drug cases, and others.

    There is also another felony degree called the State Jail Felony, which is punishable by 6 months to 2 years in a State Jail Facility. This includes most less than a gram drug charges, and Theft-3rd Offenders.

    All of the different degrees can be "enhanced" with previous convictions with pen time. For instance, a second degree charge where the Accused has a prior trip to TDCJ for a 1st, 2nd, or 3rd degree felony can be filed as a 1st Degree felony.

    There are many different scenarios that depend on how much criminal liability a person is looking at, and you should consult an attorney to see what facts apply to the case you are interested in.

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  • Can son appeal a plea conviction??

    Son was charged with 3rd degree felony-AGG assault on family member. She was stripper that he slapped while driving around.Classified as dating violence in TEXAS. Prosecutor offered plea of 90 days in jail and 5 years probation with deferred adjud...

    Louis’s Answer

    • Selected as best answer

    There are a couple of problems with your question. First of all, Aggravated Assault is a second degree felony and punishable by 2 to 20 years in prison (assuming no priors). If your son was placed on probation and served his 90 days as a condition of that probation, then he was ON probation and the Judge could not "refuse" it.

    Now, the judge could have revoked it, but I'm confused about the part where you say he "gave 4 years in TDC". A prosecutor does have the ability to file aggravated kidnapping, which is a 1st degree felony and punishable by 5 to 99 years or Life in prison. It is not unusual to see prosecutors upgrade charges on an accused person in an effort to get them to plead out. But, that is not an automatic Life sentence.

    He can make the argument that his plea was coerced and involuntary, but a Motion for New Trial needs to be filed almost immediately, and there will need to be some proof of the fact that his plea was involuntary or some new evidence that wasn't available at the time of the plea.

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  • Can I get a pardon to move on with my life?

    Told by lawyer's assistant 5 years ago to take plea deal now and 5 years get this non-disclosed, I never saw my lawyer that I hired after he took my money by the way! Found evidence that he's done things of this magnitude to others online. And Dal...

    Louis’s Answer

    Technically you can get a pardon for any State conviction in Texas, but the reality of it is that pardons are few and far between from the Governor. Some factors that might be helpful are if there was some proof of actual innocence and proof of wrong-doing on the part of the attorneys involved. However, if what you have is just the bad reputations of your attorney, you probably aren't going to get very far in getting a pardon.

    Hopefully your case would be eligible for a non-disclosure, because that's probably the best you are going to be able to achieve at this point.

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