Little Elm, TX asked in Criminal Law, Domestic Violence and Family Law for Texas

Q: My husband was picked up on domestic violence by strangulation, I never pressed charges

Nor did I call the police the neighbors did what class felony is this and what can I do he didn't assault me he's never been charged with a violent crime in his life. I would like to know if I sign a form of non prosecution if the state is going to or if they can try to pick up the charges. PLEASE HELP this took place 01/15 the warrant just now surfaced 09/16,officer didn't provide a warrant said he didn't have to have one, only needed his computer telling him and someone saying he was here

1 Lawyer Answer
Jodi Soyars
Jodi Soyars
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: This is a 3rd Degree Felony if he had no prior family violence findings in his criminal history record. Otherwise it is a 2nd Degree Felony. This is very serious and should be taken seriously even if you do not want the charges filed. The State can pick up the charges and prosecute without your approval or acquiescence, so the best thing to do is to retain a local, experienced criminal defense attorney to make sure he is doing everything he can to defend himself against these charges. Most of us offer free consultations so call around and see who is a good fit for his particular case. Good Luck!

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