Skip to main content

When the state prosecutes, what are the odds of fighting this case and winning?

Cleburne, TX |

My fiancé is being charged with Assault Family Impeding Breathe. Even though I didn't want to press charges, and I have complained that the officers misstated what happened that night. What are the odds this case will be dropped, or he won't get the 5-25 years he is being told he will get. It will be his third felony, none were domestic violence charges.

Attorney Answers 3


The answer to your question depends upon a lot of factors, including what are the facts of the case and how good is his attorney are just 2. The first thing that I would suggest is that he hires a competent local criminal defense attorney to help him fight the case.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at

Mark as helpful

1 lawyer agrees

1 comment



That's what's sad I really wish we could afford it, we will have to get a court appointed attorney


There is no confidentiality online. Your fiancé is presumed innocent until proven guilty beyond reasonable doubt. If you cannot find an experienced local criminal litigator on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers ( Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: ( NACDL Local affiliates:

Educational purposes answer. | | | | | Non-privileged answer.

Mark as helpful

1 lawyer agrees


No lawyer can evaluate your fiance's chances in trial on avvo. There is no way to get a full picture of the case here.

Does he have a lawyer? if so, that is the person who needs to be evaluating the chances for winning the case.

BTW, the penalty range for a third degree felony is 2-10 years prison and up to a $10 thousand fine. With one prior final felony conviction, it would be 2-20 years prison and same fine. With two prior final felony convictions, one after the other, it would be 25-99 years or life in prison, no fine. Serious stuff. If your fiance does not have a lawyer yet, he sure needs one.

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.

Mark as helpful

2 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics