QUESTION
When the DA changes a charge drom deadly conduct to agg assault w/deadly weapon can they then refile the original deadly conduct charge?
Asked on Feb 05th, 2022 on Assault - Texas
More details to this question:
Was sited for deadly conduct. After bonding out the da changed the charge to agg assault. A year and a half later i get a summons to answer for deadly conduct. The first is still on going court case
1 ANSWER
2 Awards
Yes. Nothing prevents the DA from re-filing the case they dismissed previously. Aggravated Assault and deadly conduct are separate crimes, they can both be alleged without a double jeopardy issue.
Answered on Feb 07th, 2022 at 8:12 AM