No bill for first degree felony assault
A no bill means a Grand Jury decided the State did not have enough evidence to file a criminal charges against you. The case could be refiled, but if a no bill was handed down, the case is over.
Assault is only a 1st-degree felony if (1) a deadly weapon was used or brandished, (2) the alleged victim suffered Serious Bodily Injury and (3) the alleged victim and the defendant were related, were roommates, or had a romantic relationship.
The grand jury does not affirmatively state that a person is innocent, just that there is not Probable Cause to believe the person committed every element of the offense. The grand jury might disagree with the Serious Bodily Injury part and no bill it or possibly return a true bill on a lower level assault.
Talk to your criminal defense attorney about the timeline for pursuing an expunction.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
Short answer - No.
In Texas, before a person can be prosecuted for a felony criminal offense a Grand Jury must return a True Bill of Indictment. This is a finding that there is sufficient evidence to convince the grand jurors that a crime, more than likely, occurred. The true bill of indictment is the charging instrument that gives a district court jurisdiction over the charge against you.
If a grand jury does not return a true bill of indictment (often referred to as a no bill) that just means they did not find the evidence sufficient to formally charge you. A no bill does not prevent a prosecutor from going back to the grand jury with new/additional (or even the same) evidence and asking a second time for a true bill of indictment. Whether or not the DA will do this depends on the particular DA, the specific evidence in the case, and often times, how vocal the crime victim is.
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