QUESTION

my wife was charged for assualt with a deadly weapon ,i told them she didnt threaten me or im not hurt so why the charge

Asked on Jan 02nd, 2014 on Criminal Law - Texas
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2 ANSWERS

You don't necessarily have to have been "hurt" in order for an assault to have happened, legally. Also, if she "used or exhibited" a deadly weapon, the case will be filed as an Aggravated Assault-Deadly Weapon. If you are backing her, you can probably help her. It's unlikely the DA will drop the charges if you call them. The alternative is to work with her attorney on something called a "Grand Jury packet." We use those in certain cases where we think there's a chance the Grand Jury will No Bill the case, which basically acts as a dismissal (b/c the No Bill means the GJ felt there was no probable cause to continue with the charges).
Answered on Jan 03rd, 2014 at 1:08 PM

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Assault Attorney serving Richardson, TX
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She needs legal representation, early if possible. The case has to go to a Grand Jury and her attorney can try to get the Grand Jury to no-bill it. An affidavit of non-prosecution should be a great help. You can cooperate with her attorney to see try to get the case thrown out.
Answered on Jan 02nd, 2014 at 5:39 PM

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