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Looking thru my wifes emails i found her profile on several dating sites one of which was an HIV dating site!

Fort Worth, TX |

Alarmed,i confronted her and she admitted she has HIV for the past 4 yrs and has been sleeping with me unprotected. During an extremly heated arguement,i shoved her and bruised her chest,she called police and now i have an agg assualt! Would this be considered a crime of passion in the state of TX?

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Attorney answers 5

Best Answer
Posted

That is a jury instruction you have to ask for at trial. The judge may or may not allow it, depending on how the evidence develops during the trial. I think your defense is one even the DA will find sympathetic. Hire an experienced defense attorney, and I have a feeling you will reach a resolution that avoids trial.

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Asker

Posted

Thankyou for your answer!

Posted

Generally speaking, the "sudden passion" defense is only available in defense to a murder charge. You may have other defenses and rights. You need to hire a criminal lawyer pronto - as in today.

This answer is made available for educational purposes and is not intended to give you specific legal advice. I do not represent you and by using or participating in this site you understand that there is no attorney client relationship or privilege between you and me. This site should not be used as a substitute for legal advice from a retained, licensed attorney in your state who has reviewed your question and the surrounding facts in detail. I attempt to provide good, helpful information, but do NOT rely on anything I write - you should use my comments as a starting point for consulting an attorney you have retained to represent you regarding your specific legal and factual circumstances.

Posted

Though I appreciate the seriousness of the situation in which your wife has placed you I do not believe that this is a legal defense.

Posted

You definitely have a defense. If you got HIV from her, she committed a major felony. The way I see it, you are the victim and the charges against you are too high. Aggravated assault for a bruise? That's ridiculous. I would fight this if I was you and get an AIDS test now and again in 6 months, which you can order online now. I just saw a commercial for home testing kits. Sorry this happened to you

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

Asker

Posted

Thankyou for your answer and concern.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

That's a good point. We had a case in Dallas last year where a man was convicted by a jury of aggravated assault with a deadly weapon (HIV virus). I would absolutely push for your attorney to be asking the DA to file such a case. Even if they don't prosecute her, it could her get your case dismissed.

Asker

Posted

Thankyou so much, but crazy as it sounds;i cant risk her being prosecuted for there is no one else other than me to raise our toddler!

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

No one's going to try to send you to prison. In a worst case scenario you're on deferred probation. You will be there to raise the child.

Asker

Posted

Thats what im hoping for but there are other factors as well such as a prior felony conviction!

Carmine John Giardino

Carmine John Giardino

Posted

Hire a lawyer to ask her to sign an affidavit of non-prosecution. She is your wife and she cannot be compelled to testify against you due to the husband-wife privilege.

Asker

Posted

she has signed one already i havnt heard anything about it. My court appointed has not gotten back to me and im currently looking to retain a private attorney that can handle this case .

Asker

Posted

Also;i was tested and by some miracle i found out after the fact that i am not infected but thru medical records and prescribed medication from her doc,she definitely has it!

Posted

You have possible defenses but most importantly you need to be careful posting such details online. This is a public forum and your situation is fairly unique so your admission you shoved her could be discovered by the police or state. I would reserve the details for your lawyer. Hire one. Tarrant co is tough but for the most part they also want to see justice done. Hire an attorney and let them prepare your case.

I handle matters in Tarrant county and would be happy to speak with you. Feel free to contact me. Good luck

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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