Houston, TX asked in Domestic Violence for Texas

Q: How far back can the judicial system go back into criminal history for domestic violence charge in Harris County, TX

In 2002 I was charged and plead guilty to a domestic violence misdemeanor. Can another DV charge in 2017 be a felony?

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2 Lawyer Answers
Herman Martinez
PREMIUM
Herman Martinez
Answered
  • Domestic Violence Lawyer
  • Houston, TX
  • Licensed in Texas

A: Unfortunately, the State may use a 2002 domestic violence conviction to enhance a subsequent domestic charge to a felony. It would be important to confirm that the 2002 conviction had an affirmative finding of domestic violence by the court. That is done by pulling the court judgment of the 2002 case.

The answer to your question is YES a 2002 domestic violence conviction can be used to enhance/upgrade 2017 assault involving domestic violence to a felony.

Good luck!

1 user found this answer helpful

Herman Martinez
PREMIUM
Herman Martinez
Answered
  • Domestic Violence Lawyer
  • Houston, TX
  • Licensed in Texas

A: There is no limit how far back the State can go back.

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