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...

Related Topics:
2 Lawyer Answers
Herman Martinez
PREMIUM
Herman Martinez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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

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

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.