Houston, TX asked in Domestic Violence for Texas

Q: My boyfriend was charged with ASSLT FAM/HOUSEHOLD MEM W/PREV CONV and is on parole...how much time could he be facing

even if I did not press charges...

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

A: The assault charge you mention typically has a range of punishment of 2-10 years in TDC. If he has one prior TDC trip it can be increased to 2-20 years. If he has two separate TDC trips he could be facing 25-life. I want to be clear that I am not saying he will do the enumerated time. In fact, he is presumed innocent!

Kiele Linroth Pace agrees with this answer

1 user found this answer helpful

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: Committing new crimes is a violation of the terms of his parole, and committing new VIOLENT crimes is particularly bad. So it is possible that his parole could be revoked, sending him back to prison to serve time on the previous charge before we even get to the new charge. The punishment range on the new charge is at least 2 to 10 years in the penitentiary but, as attorney Martinez wrote above, the punishment on the new charge could be longer based on his criminal history.

You are welcome to contact the DA and express your opinion on whether the new charges should be dismissed, but the DA will make the ultimate decision. Dropping charges just means not willingly cooperating with the prosecution. Murder victims don't "press charges" because they are dead. Yet people are still convicted of murder.

If you want to help him, your best bet is to contact his attorney and ask what you can do for the defense.

1 user found this answer helpful

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