Asked over 2 years ago - Brownwood, TX
Flagone former violence charge, assault charge pending
It doesn't work that way. Some misd. cases can be enhanced to a felony and some you can keep getting over and over and they can never be enhanced, like a driving while license invalid, you can get 20 you those and it will never be a felony. 2nd Assault family member is filed as a felony. 3rd Dwi is filed as a felony. 3rd theft is filed as a felony. Your question needs to be more specific.
If your former violence charge was an assault involving family violence, and your new assault charge involves a family member, then that is enough for your current charge to be a felony. If your former violence charge did not involve a family member, then even if your current assault involves a family member, it is still a misdmeanor. Same thing if your former charge involved a family member but your current charge does not - then it is a misdemeanor.
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