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I'm meeting the DA to file a non prosecution agreement

Austin, TX |

My husband had 30 days sober and was / is on medication for ptsd suffered after the huge fire that took everything we had . Also on medication for anxiety and bi - polar . On 1 / 27 / 13 he " fell off the wagon " we got into an argument and he ended up pushing me against the house by my neck and choking me . Nothing like this has happened before . I've known him 12 years , we've been together for 6 . I called the police and they took pictures even though the officer said he really didn't see anything . They put an EPO for me and our children for 61 days . They charged him with assault fv imp breathing / circulation . Is there any way I can convince the DA with signing this paper to not proceed or to change the charges ? He has no criminal record . And he's very remorseful . He's in AA and anger mgmt in jail .

Attorney Answers 4


  1. It's very unlikely that the DA will dismiss the charge, but you can certainly talk to the DA's office (and your husband's attorney, if you choose to) about taking the free two-hour PROJECT OPTIONS class, which they require before they will even discuss dismissing the case, and which will increase the chances of leniency, although they will require him to do counseling, etc., as well.

    This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com


  2. I have been representing persons charged with domestic violence in Austin for 20 years. The district attorney's office won't dismiss with just an affidavit of non-prosecution. Your husband will need an experienced attorney to assist in his defense.
    www.austincriminaldefenseattorney.com
    Austin Jail Release and Bond Assistance
    Austin Family Violence
    512-495-1813

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  3. Assault - Family Violence (Choking) has been elevated to a felony offense and is punishable by a fine of up to $10,000 and between 2 and 10 years in the penitentiary. It also has some collateral consequences involving possible enhancements and your husbands ability to own or possess a firearm or ammunition. These charges are VERY serious, and even with a non-prosecution agreement, in most counties, it would be unusual for the DA to agree to dismiss the charge. The DA doesn't need your consent to go forward and has no obligation to honor your wish not to prosecute. Your husband needs a competent criminal defense attorney to represent him. I would suggest contacting an attorney who works frequently in the county in which the charges are files and who frequently represents defendants charged with assault-family violence.

    Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  4. Does your husband have an attorney? If so that is the place to start. Talk with his attorney and coordinate to get the maximum impact from your affidavit of non-prosecution. The DA hates to drop these kinds of things and probably won't but a good attorney can use the affidavit to massively reduce the charges and the punishment to something that you can both accept.

    If he doesn't have a lawyer or you aren't able to work with his attorney for some reason you need to get him one as soon as possible. There are a number of very good defense attorneys on this forum. If you would like to meet to discuss this issue I offer free consultations and would like to help you in any way I can.

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