Is it likely that I will go to jail? No one was hurt in the incident.

Asked over 5 years ago - Killeen, TX

I am being charged with burglary of a habitat, aggravated assault with a deadly weapon with the intent to do bodily harm. This was really a domestic situation with my girlfriend at the time. I am currently in the military and I have been for almost 18 years and I have never been in trouble with the law and I am currently in Iraq, due to soon return. Is there anyway I can get this mistake fixed or charges dropped down to some type of misdimeanor. my current lawyer has gotten me 10 years probation, anger management and a fine (pending) I just want to be sure I am getting the best help and put this one incident behind me. Thank you very much!

Attorney answers (2)

  1. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The fact that no one was hurt is good, but it is not the end all. One of the things that most prosecutors consider is how frightening it must have been for those who were on the receiving end of your actions. Moreover, family violence matters, at least in Houston, are taken very seriously as too many result in deaths or serious bodily injury.

    You may want to seek a second opinion from another area lawyer. Different counties (which means different head prosecutors) see and treat cases differently. A lawyer in Kileen may tell you that you are lucky to be receiving probation (although I do hope it is deferred adjudication).

    A lot depends on what you did when you entered the house. You say no one was hurt but did you have a gun? Did you point it at someone? Were shots fired? Were there innocent bystanders in the home who could have been injured? Did you flee or wait for police? Did you express immediate remorse, etc?

    If I had been representing you, you would have been in an anger management class from the beginning of representation to demonstrate your acceptance of responsibility and remorse.

    To ensure you are getting the best deal, talk to another local lawyer (and not just a lawyer in Texas. We have a huge state & lawyers in one county do not necessarily know what the norm is in another county.)

    Thank you for your efforts on our behalf in the military. I hope that you stay safe.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Check out the listings here on Avvo.com for lawyers who practice criminal law in TX. Pick out a few that seem like a good fit to you, and contact them directly. Review the case facts, the pending disposition and your concerns with each lawyer. This will give you a better idea whether this resolution is the best you can get.

    If you cannot find a lawyer using Avvo.com, try Findlaw.com and Lawyers.com. Each of these are good resources, although they are paid marketing directories. Good luck and thank you for your service to the country.

    DISCLAIMER
    This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Do not presume that the law of the State where I practice will apply to the circumstances you are faced with in the State where you are charged.

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