When he was arrested the police didn't let him know if it was a felony 1,2, or 3. And they let him bonded out
the person that he assault also did not press charges either
Violent Crime Lawyer
You can call the county clerk of courts to find out what the degree of the charge is designated.
The best think you can do for your paramour is to retain the most experienced local criminal litigator that you can afford.
There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv
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Criminal Defense Attorney
This sounds like an aggravated assault under 22.02 of the penal code, which is a second degree felony, meaning the punishment range is 2-20 years in TDCJ and a maximum fine of $10,000. Probation is a possibility, up to 10 years. Be careful about posting specific information in this forum because their is no privilege or confidentiality. He needs an attorney to fight for him.
Any answers posted to questions posed as hypothetical or with specific fact, do not create an attorney-client relationship.
Criminal Defense Attorney
Depending on the details of the case, aggravated assault with a deadly weapon is either a 2nd degree felony or a 1st degree felony under Texas law.
A second degree felony carries a maximum penalty of 20 years prison and a $10 thousand fine. Minimum is 2 years and no fine. Probation after conviction is possible, but only from a jury. Deferred probation is possible but usually not probable.
On the other hand, a person charged with aggravated assault really should be looking to get a good criminal defense lawyer working on the case. A good criminal defense lawyer may be able to find a way to defend the case.
For more information, you may wish to visit my firm's website, specifically the page there about criminal defense, http://www.epjlaw.com/Criminal_Law.html
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
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