Mesquite, TX asked in Criminal Law for Texas

Q: If someone I know was charged with discharge of firearm in municipalities can they go to jail ?

They have other pending charges but they are unrelated to this charge and he is taking classes to get the other charges dismissed can they tie all charges together or no?

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: I'm not sure what you mean by "can they tie all charges together". Have this discussion with the attorney for the defendant. Good luck.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes, a person can be sentenced to up to 6 months in county jail and fined $2,000 if convicted of Disorderly Conduct by either (1) discharging a firearm on or across a public road or (s) displaying a firearm in a public place in a manner calculated to alarm. However, the maximum penalty is a fine of $500 for discharging a firearm in a public place that does not involve a road or a sport shooting range. If the defendant is accused of threatening a person with a firearm, that is a more serious offense like Terroristic Threat or even the felony offense of Assault with a Deadly Weapon.

Offenses that are alleged to have occurred at different times are not usually tied together except in the situation of an ongoing crime like repeated theft or some sort of crime spree. However, if a person is in a dismissal program that requires them to take classes, it is possible that one of the terms or conditions of the program is that they stay out of trouble... so they could get kicked out of the program for getting into more trouble. That wouldn't technically be tying them together for the purposes of prosecution... it would be more like getting the dismissal offer revoked on the previous charges and then getting prosecuted for both the old and new offenses.

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