Sam was arguing with his neighbor, and pulls out a army knife with intent to frighten him. Sam accidently hit his neighbor's arm with the knife, resulting in a slight cut. Unknown to Sam his neighbor is a hemophiliac and dies as a result of his wound.
To start with, "battery" is not the name of an offense under Texas criminal law. When considering the most serious charge that might be brought, the situation as described appears incomplete. Why? Because it does not, for example, take into account the prosecutor's interpretation of what the offense report may contain regarding the incident and how "Sam" expressed his intent to "frighten"...for example, we do not know whether Sam intended to cause a fear of death or serious bodily injury, or just fear in general.
That said, a prosecutor is at liberty to present to the grand jury whatever felony charges he or she feels are supported by the evidence. And, the grand jury is at liberty to indict a person for whatever offense the grand jury in its wisdom believes the evidence supports.
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This does sound like a homework assignment question. Sorry, if that is what it is, then you need to read the textbook, not ask questions on an internet forum. We simply are not here to help you do homework. Sam is fictional, right?
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Great hypothetical question which suggests the hypothetical response, It Depends.
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