Legal Question in Criminal Law in Texas

aggravated assault with a deadly weapon

My dad was arrested and charged w/ aggravated assault w/ a deadly weapon back on June 14, 2008. The ''victim'' has not been found and has said he will not talk to the police. The only other witness is my dad's girlfriend who has said that nothing happened. What are the chances that he'll be convicted? What are the chances that the charges will be dropped. He is currently on parole until December and is being charged as a habitual criminal facing a minimum of 25 yrs. He was offered a plea bargain today of 15 months time served and he refused it because he does not want another felony on his record. Can someone please tell me what we're dealing with here?


Asked on 9/10/08, 10:12 pm

2 Answers from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: aggravated assault with a deadly weapon

The chances of conviction will depend upon the nature of the State's credible evidence that proves beyond a reasonable doubt your dad committed the elements of aggravated assault. Evidence comes in the form of eyewitnesses, physical evidence, and reasonable inferences from that evidence. If your dad has already been indicted, that shows a grand jury believed there was probable cause to hold the case over for trial. However, the State's plea offer of 15 months time serve reveals some weakness in prosecutor's case. Beyond that, it is difficult to give you an idea what we're dealing with. Only after a full investigation of the facts of your dad's case could a qualified criminal defense lawyer provide competent advice. So my recommendation is to ask the lawyer defending your father these questions. If you don't like that lawyer, hire another.

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Answered on 9/11/08, 6:42 am
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: aggravated assault with a deadly weapon

Hello there,

Simply put... if the State doesn't have a victim they do not have a case.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 9/13/08, 1:40 am


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