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If you think there is a possibility your probation officer may ask the prosecutor to file a revocation petition, then you need to contact a criminal defense attorney, immediately. Most people with these charges do not deserve or need to be imprisoned or put on long probations. If legitimate victims see other people getting sent to jail for reporting assault, then it may cause those legitimate victims to decide not to come forward. Sat & Sun: By appointment only. However, the woman had no injuries and looking for a payout. You do need to find a lawyer thatgoes to trial a lot. So, talk to the lawyer defending your drug charge to learn about whether you can get into the first time offender program. Evidence in Impeding Breathing/Circulation, assault fam/house mem impede breath/circulat. So, when negotiating pleas for lesser charges be mindful, if the charge remains an assault but you merely get rid of the Family Violence Finding then you may still have a serious issue with possessing a gun. Call our law firm at 713-449-9922 to schedule a free consultation. More importantly, this means you dont have to prove that you didnt do it. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Courts can punish a third-degree felony with 2-10 years in prison and up to a $10,000 fine. Travel guide resource for your visit to Bresson. Those committing bodily injury in a domestic violence situation who have previous convictions for other violent offenses already can be punished for a third-degree felony. Texas Penal Code Section 22.01 (b) (2) (B) contains the enhancement for assault family violence by choking or impeding breathing. The jury found my client not guilty. M-F: 8:30am-6:30pm Practically, a trial attorney cannot get much needed early experience if they are always a defense lawyer. When a person is accused of using hands or arms for choking, or placing a foot or other body part onto another persons neck or throat, this is calledmanual strangulation. Among other strategies, the lawyer needs to make it very difficult for the prosecutor to win the case, and the lawyer needs to make the prosecutor feel good about dismissing the case. Texas courts have recognized hands as a deadly weapon, including in strangulation cases. The caller may say on the phone, My husband is banging on the door. Aside from what your lawyer can do directly, your attorney should give you advice about how you can help yourself. That means the court must find you not guilty. COFER LUSTER LAW FIRM, PC There may be ways to attack the admissibility statements like these, but if your lawyer lacks experience or does not devote the required time to you case, you may miss opportunities to beat your charges. Feb 17 - Feb 18. Many people expect that an assault case would require some visible injury like a bruise, cut, or scrape. caused them pain can be enough. The bill was allegedly designed to give prosecutors the discretion to try strangulation cases under the law that carries the most appropriate penalty. Up to 10 years of probation is also a possibility. Both sides of a criminal case should get something out of a plea bargain. Remember, just because your charge is eligible does not mean they will let you into the program.
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