Looking thru my wifes emails i found her profile on several dating sites one of which was an HIV dating site!

Asked over 1 year ago - Fort Worth, TX

Alarmed,i confronted her and she admitted she has HIV for the past 4 yrs and has been sleeping with me unprotected. During an extremly heated arguement,i shoved her and bruised her chest,she called police and now i have an agg assualt! Would this be considered a crime of passion in the state of TX?

Attorney answers (5)

  1. Macy Michelle Jaggers

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    Contributor Level 20

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    Answered . That is a jury instruction you have to ask for at trial. The judge may or may not allow it, depending on how the evidence develops during the trial. I think your defense is one even the DA will find sympathetic. Hire an experienced defense attorney, and I have a feeling you will reach a resolution that avoids trial.

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  2. Richard E. Aubin

    Contributor Level 9

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    Answered . Generally speaking, the "sudden passion" defense is only available in defense to a murder charge. You may have other defenses and rights. You need to hire a criminal lawyer pronto - as in today.

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  3. Charles Elwood Soechting Jr.

    Contributor Level 17

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    Answered . You have possible defenses but most importantly you need to be careful posting such details online. This is a public forum and your situation is fairly unique so your admission you shoved her could be discovered by the police or state. I would reserve the details for your lawyer. Hire one. Tarrant co is tough but for the most part they also want to see justice done. Hire an attorney and let them prepare your case.

    I handle matters in Tarrant county and would be happy to speak with you. Feel free to contact me. Good luck

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  4. Carmine John Giardino

    Contributor Level 14

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    Answered . You definitely have a defense. If you got HIV from her, she committed a major felony. The way I see it, you are the victim and the charges against you are too high. Aggravated assault for a bruise? That's ridiculous. I would fight this if I was you and get an AIDS test now and again in 6 months, which you can order online now. I just saw a commercial for home testing kits. Sorry this happened to you

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  5. Raymond Ellis Daniel

    Contributor Level 15

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    Answered . Though I appreciate the seriousness of the situation in which your wife has placed you I do not believe that this is a legal defense.

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