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If a victim of assault confesses to provocation, is that eligible for pardon by innocence?

Asked over 2 years ago - Dallas, TX

i have a friend who was surrounded by three persons, attempting to jump him, and was able to defend himself. the persons then filed charges on him, and because of a harsh biased judge threatening to give him the full sentence of a 2nd degree assault charge, he took a plea bargain, but cannot find work because of his record. if by chance one of the persons confesses their intentions, can he be pardoned? or are there any other ways to reverse the conviction?

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also, none of the victims sustained serious injuries, or were hospitalized, and it should have been obvious that he was the victim being that the others were all associates and were at his job.

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Attorney answers (1)

Cynthia Russell Henley

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Houston, TX.

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My guess is that you do not have quite all the facts. The police would have been called to take a report. Your friend was charged not with a misdemeanor assault (assault with bodily injury - meaning pain - no permanent injury) but with felony assault - either with a deadly weapon or causing serious bodily injury.

You do not say what his punishment was. However, if he has "newly discovered evidence of innocence" - that being a retraction & statement by one of the supposed victims of the assault, he can see to have his case brought back to state court by filing a post conviction application for writ of habeas corpus (also known as an 11.07 if he had a final conviction & is not on probation.)

The likelihood of being pardoned is near zero, but a writ could be worthy of pursuit. He needs to hire a lawyer who handles this matters, who will obtain a copy of the offense report, use an investigator to gather evidence including witness statements, and review the law.

application for post conviction habeas corpus

writ of habeas corpus

11.07 writ

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