Q: If I called the cops on my husband for Putting his hands on me and pressed charges is it automatically a felony
It put the charges because it’s not the 1st time he get like that... but it is the 1st I’ve called the cops
A:
Here are some of the reasons a domestic assault can be filed as a felony:
* An accusation of impeding breath or circulation by applying pressure to the neck/throat or covering the mouth/nose.
* An accusation of two or more assaults causing pain or injury within a 12 month period
* An accusation of one assault causing pain or injury if the defendant has a previous conviction or deferred adjudication for the same type of crime. This includes previous convictions in other states or against other alleged victims.
* An accusation that serious bodily injury was inflicted.
* An accusation that a deadly weapon was used or openly displayed (brandished) during the assault.
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