Legal Question in Criminal Law in Texas

Aggravated Assault Charge

A good friend of mine was charged with aggravated assault with a deadly weapon. He just returned home from shooting and was taking the gun inside the house, ex pulled up, they started agruing, while he was waving his hand around, gun went off and she was shot in the arm. what kind of sentence is he looking at? This is his first offense


Asked on 7/24/08, 10:15 am

2 Answers from Attorneys
Bristol Myers Bristol Myers & Associates, P.C.

Re: Aggravated Assault Charge

Assuming your friend either pleads guilty or is found guilty at a trial, under the circumstances presented in your question, he is facing a punishment range of 2-20 years in prison, and a fine up to $10,000. He will have to serve one half of any prison sentence imposed "flat," that is day-for-day with no consideration of good conduct time before becoming eligible for release on parole. Probation in lieu of a prison sentence is legally possible, but the likelihood of receiving a probated sentence depends on a number of factors that can't be properly assessed with the information at hand.

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Answered on 7/28/08, 2:25 pm
Bristol Myers Bristol Myers & Associates, P.C.

Re: Aggravated Assault Charge

Assuming your friend either pleads guilty or is found guilty at a trial, under the circumstances presented in your question, he is facing a punishment range of 2-20 years in prison, and a fine up to $10,000. He will have to serve one half of any prison sentence imposed "flat," that is day-for-day with no consideration of good conduct time before becoming eligible for release on parole. Probation in lieu of a prison sentence is legally possible, but the likelihood of receiving a probated sentence depends on a number of factors that can't be properly assessed with the information at hand.

Read more
Answered on 7/28/08, 2:26 pm


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