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1 Answer | Asked in Criminal Law for Texas on
Q: My ex broke bones in my shoulder last year. He was charged with tampering with evidence as he was apparently carrying

Marijuana with him and tried throwing it out. The PD never charged him with assault. What legal action can I take? I have medical records showing my injury.

Paul Looney
Paul Looney
answered on Jan 2, 2018

You can take your medical records to the District Attorney's office for the county where the crimes were committed. You can ask the prosecutor to charge assault causing bodily injury family violence. You can then go on Justia and obtain a personal injury to file a civil case for assault... View More

2 Answers | Asked in Criminal Law for Texas on
Q: How many years do you serve with a aggravated assault is there a chance to beat the case with a lawyer?
Paul Looney
Paul Looney
answered on Jan 2, 2018

Aggravated Assault can carry a sentence of 2-20 years confinement or 5-99 years or Life confinement in prison. A conviction with sentence of incarceration can be probated. If resolved with a plea of guilty or no contest and a deferred adjudication probation imposed then five years after the... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: sentenced 20 yrs for a violation (curfew) the new charge has been dismissed how long will the appeal process take?

He picked up a curfew violation off a new charge that has now been dismissed, before being dismissed he was sentenced 20 years at his revocation hearing and is now waiting an appeal. How long will this process take and does he have a good chance of having his probation reinstated? It is deferred... View More

Paul Looney
Paul Looney
answered on Jan 2, 2018

In all likelihood the dismissal of the new charge was because the judge revoked the deferred adjudication probation and sentenced to 20 years. If the revocation was based entirely on the new charge there is still a problem with the two burdens of proof affecting the case, beyond a reasonable doubt... View More

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3 Answers | Asked in Criminal Law for Texas on
Q: my girlfriend beat her minor daughter during an argument the younger one called the police and my girlfriend faces charg

my girlfriend faces charges for this, if the girl withdraws the charges they could dismiss the case? this is in San Antonio Texas

Paul Looney
Paul Looney
answered on Jan 2, 2018

A minor cannot withdraw these charges. If the daughter attempts to withdraw the charges illegal influence and coercion will be suspected, so your girlfriend my face additional and more severe charges. If the charges are unfounded then that can be proven by a proper investigation. Hire a good... View More

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