QUESTION

Is there a way to change my assault conviction?

Asked on Jul 16th, 2011 on Criminal Law - Texas
More details to this question:
I have a criminal charge of an assault on a family member but I never hit them but I wanted to know is there a way if I can change the family assault to a regular assault.
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1 ANSWER

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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Even if the State does not allege that the assault involved a family member, they can later prove it up if you were subsequently charged (and enhance the case to a felony.) The "family" part of the charge is generally not even discussed in negotiations - either it involves a family member or it does not. If you did not hit the person, set the case for trial! You should not plead guilty to something that you did not do and risk a future felony charge.
Answered on Jul 19th, 2011 at 11:42 AM

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