QUESTION
How can a felony domestic violence 273.5(a) be dropped to misdemeanor?
Asked on Nov 25th, 2012 on Criminal Law - Texas
More details to this question:
My boyfriend threw a candle into the kitchen and it shattered everywhere, then he bit me in the face and I bit his finger since it was in front of my mouth and the only thing I could do to get him off. I was crying and yelling at him. Our kids were napping in the back room and woke up to our arguing. We got the kids but kept arguing. Then he dumped a large glass of water on me and forcefully pushed me towards the door to leave. At that point I got a phone call that ended up being my apartment manager's and it was answered. It was that point that he grabbed me by the throat and choked me. The kids did not see any of this. As I was leaving with our son I ran into a cop with his gun drawn coming into our place. They pushed me into saying he used more pressure than he really did. They arrested him because I had red marks. Mostly from me being worked up and not him touching me. I tried to explain this and they arrested him anyways. I bailed him out but am not going to be staying with him. I just want to know what needs to be done for him to get a misdemeanor and have the felony charges dropped.
6 ANSWERS
John J. Carney
You should retain a good criminal lawyer to handle the case. If it is a first offense and you were not seriously injured he may get a misdemeanor, but that is still a criminal record and will hurt his chances of getting a decent job. He will get counseling, anger management, and probation, but will probably not get a jail term in most courts.
Answered on Dec 05th, 2012 at 3:07 AM
Michael J. Breczinski
The only thing is for you to talk to the prosecutor.
Answered on Nov 28th, 2012 at 5:46 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There's not much you can do at this time. Your boyfriend needs to immediately hire an experienced criminal defense attorney to represent him. His attorney should be able to advise him of his options.
Answered on Nov 28th, 2012 at 5:43 AM
Your boyfriend's attorney will need to work with you and the district attorney to try and get the charges lowered. You need to consult with an attorney
Answered on Nov 28th, 2012 at 5:42 AM
Thomas Edward Gates
He may be able to work a plea agreement to a misdemeanor, but it depends upon his criminal background. There must have been sufficient evidence at the scene for the police to deem it a felony.
Answered on Nov 27th, 2012 at 10:27 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can cooperate with his lawyer to try to make this happen.
Answered on Nov 27th, 2012 at 10:15 PM