Legal Question in Criminal Law in Texas

I live in snyder,tx iv never been in trouble with the police recently I got in to a fist fight with my das and there tring to charge me with a second degree felony any help???


Asked on 7/04/11, 3:17 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You got into a fistfight with your dad? (You wrote das.)

Are you charged? (You say that are trying to charge you. If you are not charged, what are they waiting on? You should not give a statement without conferring with a lawyer in person so you can discuss in detail what happened.)

What second degree felony? Generally an assault involving family violence is a class A misdemeanor. If your father is 65 or older and you recklessly caused serious bodily injury or serious mental deficiency, impairment, or injury, then that would be a second degree felony. (Assault on a elderly can also be a first or third degree felony, or a state jail felony.)

Or if you father is under 65 and you used a deadly weapon, then that would be a second degree felony.

Regardless of the level of offense, age of your father, or the resulting injury, you need to consult with a local lawyer BEFORE talking further with police. If you are already charged, then you need to hire a lawyer to represent you in court.

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Answered on 7/04/11, 11:23 am


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