Legal Question in Criminal Law in Texas

aggravated assault

a family member has been charged with aggravated assault with a deadly weapon. the is his first time in any trouble. no one was hurt he just had the knofe in his hand when police arrived. he is being represented by a court appointed lawyer. is it possibe for him to receive probation


Asked on 9/12/08, 11:39 pm

2 Answers from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: aggravated assault

In a plea bargain situation, the state will need to waive the deadly weapon finding before the trial court judge can grant probation. That is, under article 42.12(3)(g) of the Texas Code of Criminal Procedure, the trial court judge is prohibited from placing a person on probation if a deadly weapon finding is made in the case. Only a jury can recommend probation after a finding that a deadly weapon was used or exhibited during the commission of an offense.

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Answered on 9/13/08, 7:53 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: aggravated assault

Hello there,

Yes, probation is possible in this case.

If the individual has never been convicted of a felony before he is eligible for probation.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 9/13/08, 12:59 am


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