A: Even with no prior felony convictions, it could be prosecuted as a SECOND DEGREE felony pursuant to Section 22.01(b-3) based on a prior misdemeanor family violence conviction or deferred adjudication. The punishment range is 2 to 20 years in the state penitentiary. It would be foolish to attempt to predict the sentence without access to the evidence. In fact, the defendant should be presumed innocent.
It is no exaggeration to say that his future hangs in the balance. The rest of his life may be determined by the outcome of this case. He should hire the best defense team available to take his case.
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