Assault and bodily harm charge for pushing friend, is this a misdemeanor in texas? had prior assault charge as a juvenile

Asked about 1 year ago - Mesquite, TX

19 yr. old has prior assault charge as a teen, was in & out of juvenile as a teenager. Has bipolar and is under medication and currently has cps investigating him and the mother of his kids for medical neglect & his use of weed. He was staying with a friend and he & she got into a heated disagreement, she hit him and he pushed her back and held her down to calm her down. She called the cops. He was arrested & charged with assault and bodily harm. Will his prior charge be used against him? Will this arrest affect his kids and kids mom with cps? will he get jail time or probation? What can we expect to happen? especially since there's no money for an attorney.

Attorney answers (2)

  1. Stephen Andrew Hamer

    Contributor Level 17

    Answered . Probably misdemeanor. CPS is ridiculous and basically they do whatever they want. If he is charged with felony, court can appoint him an attorney, but probably not if misdemeanor. I strongly advise him having an attorney, if you can possibly afford it. Call some local criminal defense attorneys who will speak with you initially for free. Also local family attorneys to help with parental rights, so kids can be well taken care of.

    BEST ANSWER I got.... and I HOPE I WAS HELPFUL!! Steve Hamer answers questions on Avvo for general information... more
  2. James D. Roark

    Contributor Level 13

    Answered . I agree with Attorney Hamer for the most part. It would be best to retain his own counsel, and CPS will likely use this against him. But even if it is a misdemeanor, I believe the court will appoint him counsel if he can show he is indigent.

    The state cannot use his juvenile charge to enhance the charge, i.e., move it from Class B to Class A to double the range of punishment. But they can use it to base their decision on what kind of plea bargain they want to offer and it may be the determining factor as to whether they offer probation.

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