Legal Question in Criminal Law in Texas

Assault case

My boyfriend and I had an argument and he called the police and stated I shot a gun at him. That is not true, that was just a way for him to get me to leave, but the police approached me on my way home and told me to get out the car with there guns drawn. I was searched by two male officers and then taken to the Police department.At the station, I was given a gun powder test, which showed no residue on my hands and no weapon was found.My boyfriend dropped the charges, but the stated chose to pick it up. At this time, I have a lawyer, and they are giving me Misdemeanor and not differed. My concern is, I feel due to lack of evidence, I should not be given a misdemeanor nor a Felony. I am needing to know if this can be dropped due to lack of evidence. Please advise


Asked on 11/13/06, 12:34 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Assault case

Many years ago when I practiced law in TN, these were called 'best interest' pleas. Where you told the judge you didn't do it, but were pleading to the charge because of financial concerns, or because the plea bargain offer was better than the risk of trial.

Texas does not have such an alternative. If you plea to this charge, (especially without deferred) you will have a criminal conviction that intimates violence, and you may or may not get the record sealed later. It will affect your ability to get jobs and rent apartments and more. All for something you say you didn't do. On the other hand, if you force this case to trial, you may lose, and face jail/prison time and a felony conviction. Your attorney is working to get you the best possible plea offer. Now you have to weigh the alternatives, and choose the route you wish to take. But you also have to live with the consequences.

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Answered on 11/13/06, 6:59 pm


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