Q: Will you go to prison on a second offence of family violence
A:
An assault that would normally be charged as a Class A Misdemeanor family violence can instead be charged as a Third-Degree Felony if the defendant has been previously convicted (or put on deferred adjudication) for an assaultive offense in a case that could be described as family violence or dating violence.
The punishment range for a Third Degree Felony is two to ten years in the state penitentiary and a fine up to $10,000 and the imposition of the sentence can be probated for up to 10 years.
Some of the assaultive offenses that could be used as priors include Terroristic Threat, Injury to a Child, Manslaughter, Sexual Assault, and obviously all manner of Assault and Aggravated Assault. The complete list of priors that can be used to increase the level of the offense is in Section 22.01(b)(2)(A) of the Texas Penal Code.
Paul Looney agrees with this answer
A: It is possible
A: If you plead guilty or if you are found guilty by a jury then, yes, prison is certainly a possibility. You should get a lawyer and go to work on defending against the charges. If you go to a Texas prison on a repeat family violence charge you are going to do a lot of that sentence before you are paroled. So, get busy on defending.
Kiele Linroth Pace agrees with this answer
A: Not necessarily. Get a good lawyer to defend your rights and if all else fails to negotiate the best resolution to your case that can be made w/o jail time. Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
