What is the likely sentence for assault to a family memeber (3rd degree felony) if the individual has no prior record/conviction

Asked over 4 years ago - Austin, TX

what is the average sentence for this sort of case. is there a chance for probation. seeing as how the individual has no prior convictions, does the state of texas often bargain with probation.

Attorney answers (1)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . I wonder why the charge is third degree felony IF the person has no priors. Assault causing bodily injury (not serious bodily injury nor assault with a deadly weapon) on anyone including a family member is a Class A misdemeanor UNLESS the person has a prior offense of assault on a family member and the new case involves a family member. If so, THEN the charge is a third degree felony assault on a family member.

    The potential sentence is 2 to 10 years in prison and / or a fine. Whether or not the State will consider offering a deferred adjudication probation or straight probation depends very much on the facts of the case, and possibly on the facts and timing of the prior case (which I assume must exist.)

    There is no "average" sentence. It is on a case-by-case basis.

    I suggest you hire a good local criminal lawyer.

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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