Conroe, TX asked in Criminal Law for Texas

Q: My boyfriend just got arrested after I told the cops he choked me. I didnt press charges but wrote a statement, what now

I didn't expect him to get arrested... I told the cops he choked me and I wrote a written statement not knowing they were taking him to jail. No previous assault charges. What is going to happen?

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2 Lawyer Answers

Herman Martinez

  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Unfortunately, it seems like he will be getting charged with the felony offense of impeding the breath of a family member. Frequently, people do not understand that in these situations it is not necessarily up to the person making the statement if charges are accepted by the District Attorney’s Office. You need to hire a lawyer ASAP to properly defend his case because he is facing a 3rd degree felony with a punishment range from deferred adjudication or probation, 2-10 years in prison.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace

  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: He will be facing two to ten years in the state penitentiary and a fine up to $10,000. Even if he gets probation, that will mean living life as a convicted felon with a violent criminal history. In other words, any hopes for a successful professional career will be severely compromised. Deferred adjudication doesn't help either, since family violence cases can't be sealed by nondisclosure, even in the absence of an affirmative finding.

This case could very literally change the course of his entire life. He needs the best criminal defense attorney he (and his family) can possibly afford.

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