QUESTION
Can a misdemenor assault case get dismissed and then refiled as a felony?
Asked on Apr 05th, 2013 on Criminal Law - Texas
1 ANSWER
Assault Attorney serving Richardson, TX
2 Awards
The answer is yes. If there is a long delay before filing there may be a defense based on the statute of limitations. It is not unusual for a misdemeanor to be refiled as a felony when there was serious injury, very old or young complainants, a weapon used or other agrivating factors.
Answered on Apr 05th, 2013 at 3:27 PM