What is the Texas punishment for Aggravated Assault with a deadly weapon (knife)?

Asked almost 4 years ago - Amarillo, TX

My nephew's girlfriend stab him on his elbow and the knife went completely through. This happen mid day and outside her front yard today. Of course, he started gushing out blood everywhere and went to the hospital. He is 25 and she is 32. His girlfriend loves to pick up things to stab you with and also scratches his neck and face up with her fake nails. My nephew is a real gentleman and will not even hit her and he will and he has blocked her hits or kicks. He will not be her cushion or doormat. He did not press any charges but she was picked up at work and charged. Why did that happen? Will she remain in jail? Will bond be set? What next? Nephew decided this was the last straw and will not continue a relationship with her.

Additional information

She has a clean record, no arrests. First timer. But police does have alot of calls out to her house from previous spousal abuse and attacks from her ex-husband ( not the nephew). So police knows her and her house.

Attorney answers (3)

  1. Charles Elwood Soechting Jr.

    Contributor Level 17

    1

    Best Answer
    chosen by asker

    Answered . Your nephew does not have to file charges, if the police were called, or if the hospital took a report of his injuries, the police likely investigated from there and arrested her for her actions. She will most likely be allowed to post bond given her record once a record is set. Then she will have an apperance date set to where she can plead not guilty, guilty or no contest and can discuss her options with the prosecutor.

    Your nephew will likely be asked to be a witness against her so he will have to decide what part he wants in the case. If he refuses to testify the state will not have much evidence unless there were other witnesses, however he can be subpoenaed and forced to testify.

    Good luck to all of you.

  2. Kelly W. Case

    Contributor Level 14

    Answered . This is a first degree felony offense and carries a range of punishment of 5 - 99 years and/or life in prison. The most serious level of offense in Texas except for Capital Murder. She is entitled to bond. The fact that your nephew did not "file" charges is irrelevant. She committed a crime and the DA's office is moving forward with prosecuting her. What's next is that she will be made an offer for a plea bargain and then she will accept or reject it. If she rejects it, depending on the jurisdiction, she will be set for trial or renegotiate with the prosecutor. To say that she is in serious trouble would be an understatement. She needs to hire a very good lawyer immediately.

  3. Philip David Ray

    Contributor Level 10

    Answered . Let me start with a little geography. Amarillo is split into two counties. Everything North of about 34th street is Potter County. Everything South of about there is Randall County. The two counties have different District Attorneys. Randall Sims is the DA of Potter County; James Farren is the DA of Randall County. Both are fair men doing their best to seek justice, but their jury pools are very different.

    Potter County has far more crime and far less wealth. As a result, the juries there tend to be far more 'defendant sympathetic' than the juries in Randall County.

    Both DA's offices have Victim's Advocates that can give your nephew all sorts of information about the case. It is their job to answer these questions for him and to help him work through the next months to a year as the case goes through the system.

    If the offense occurred in Potter County, call the DA's office at: 806-379-2325

    If Randall County: (806) 468-5570

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