QUESTION
Am I looking at jail time with a felony assault charge
Asked on Feb 26th, 2014 on Domestic Violence - Texas
More details to this question:
Niece came to my home intoxicated (21yrs) non-resident (staying for a few wks) and started an argument with me. Me (40yr) Male, she asked me if I wanted to fight as we took the argument outside, she shoved me (no witnesses) I grabbed her and placed my hand on her collar bone keeping her from swinging at me, she screamed, called the police, my wife insisted I leave the house, next day they took me to jail, I had a 10,000 bond, Serious bodily injury on the paperwork after she stated I choked her. What are the consequences? How is she able to walk into my home provoke a fight, push me, dig her nails into me, and I am the one being charged? What is her responsibility in this
1 ANSWER
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If she alleged that you choked her, it is likely that you were charged with Assault-Family Violence-Choking (or Impeding Breath). That is a 3rd degree felony. The range of punishment is from 2 years in prison up to 10 years in prison (also a $10,000 fine).
The short answer to one of your questions is that it is frighteningly easy to be arrested and charged with a felony offense. Many times all it takes is a phone call and an accusation. Obviously, that's all it took in your case.
You have a very defensible case, based on the facts that you have provided. What you need to do is hire a good defense attorney who will fight on your behalf to get this case No Billed, dismissed, or acquitted.
Answered on Feb 27th, 2014 at 3:15 PM