I was charged twice with same crime on texas indictment?

Asked over 1 year ago - Palestine, TX

I was aressted on Intox. Asst. with a vechile, bonded out, then got indicted and they added AGG. Assualt to the indictment plus the intox asst. thats the same crime charged twice

Attorney answers (5)

  1. Cynthia Russell Henley

    Contributor Level 20

    11

    Lawyers agree

    Answered . Those are two different ways to charge an offense. If a jury did not believe that you were intoxicated, they could still convict you of the felony offense of assaulting someone with your motor vehicle. Talk with your lawyer about these issues.

    Cynthia Henley
    713-222-1220

  2. Bart Charles Craytor

    Contributor Level 17

    9

    Lawyers agree

    Answered . The key to double jeopardy in Texas when discussing multiple charges for the same conduct is whether or not there are different elements to each offense. Since Intoxicated Assault with a vehicle has different elements than Aggravated Assault, they can be charged at the same time, for the same event. Just like a Burglary of a Habitation for offense other than theft, and the companion assault or other felony offense can both be charged at the same time because they have different elements. You need a criminal defense attorney as these charges are pretty severe.
    Good Luck

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or... more
  3. Stephen A. Gustitis

    Contributor Level 13

    9

    Lawyers agree

    Answered . As a matter of trial strategy, prosecutors often charge a person with multiple crimes in the same indictment to "cover their bases." Sometimes the evidence at trial does not come out as the prosecutors expect. Consequently, they want as much leverage against you as possible. By charging you with multiple offenses they increase their flexibility and ability to nail you with "something." Talk with your criminal defense lawyer about this. They can explain these strategic issues much better that we can this forum.

  4. Carmine John Giardino

    Contributor Level 14

    5

    Lawyers agree

    Answered . That doesn't mean you will be punished twice. Multiple count indictments are common and that's why you need a good criminal defense lawyer. These are only charges, accusations, allegations, not convictions. Do yourself a favor and stop representing yourself.

  5. Frank Mascagni III

    Contributor Level 20

    6

    Lawyers agree

    Answered . I don't practice in TX, but we have several avvo criminal defense attorneys that do who may respond, I'll defer to them.

    But if the original charge was not adjudicated on the merits ( you were not acquitted by a judge nor jury prior to return of the indictment; the charge was not dismissed with prejudice), then it can be included in the felony indictment with an additional charge in most jurisdictions. This is not double jeopardy in my state, KY. Check with your criminal defense attorney to see if you have any case law or rules of criminal procedure that prohibit such a practice in your jurisdiction.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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