Katy, TX asked in Criminal Law for Texas

Q: What is a likely outcome for a 2nd agg. assult charge in TX? First charge only recieved 3 yrs probation.

The first charge was Assault Family Member by Impeding Breathing. He recieved 3 years probation and got off probation Aug. 2018. In june 2018, he was at a bar, someone pulled a knife on him, he flashed his gun, the other guy went to his car, grabbed his gun and both started firing. Unclear who actually fired first. Both went to the hospital. My friend was reeleased without arrest(investigation still going at that point). Fast forward to last night - he was changing a flat tire on side of the road and a sherrif pulled over to help, ended up running his info and he was flagged for agg assult with deadly weapon. $10k bond. He is being processed out now, but wondering about a likely outcome for him. Apaprently the other man never pressed charges and the State decided to pick up the case. Any information, tips, suggestions or reccomendations are highly appreciated!

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2 Lawyer Answers

Grant St Julian III

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

A: The evidence in the State's possession must be discovered before any evaluation can be provided. Your friend needs an attorney; start calling around. Good luck.

Kiele Linroth Pace

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

A: In Texas, the right to self defense is significantly limited when the person claiming self defense is currently engaged in criminal activity.

Federal law prohibits convicted felons and people convicted of even misdemeanor Family Violence from EVER possessing a firearm or ammunition. Next, there is state law offenses regarding a felon in possession of a concealed firearm, and inside a bar no less!

Your friend is facing 2 to 20 years in the state penitentiary and a very real possibility of doing hard time. Hopefully your friend has an excellent criminal defense attorney and the alleged victim has an even worse criminal history than your friend. This matter should only be discussed in a private conversation between your friend and his lawyer. Don't post anything else about the case on a public website where prosecutors and investigators might read it.

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