Legal Question in Criminal Law in Texas

change of charges

Is it possible for a DA to change a charge of injury to child to a lesser charge of simple assault or just a misdemeanor assault(without ''child'' included) as a plea bargain. Especially if knows that you just graduated college with an education degree and has never been in any type of trouble before? My lawyer has stated to me that the DA is very sensitive to my case and hasn't contacted him about any offers because of my education and wanting very badly to teach. He also states that it's a very hard case for the DA to deal with in trying to be considerate of both sides of the case. It was just an honest mistake of a foster child (with serious emotional problems) hitting and attacking me because I took a toy away in the middle of the night when suppose to be sleep. I was defending myself (which I had a bruise myself from him hitting me) and chastised him for attacking and some bruises were left on him. CPS filed charges, Police investigator lied and told me he wouldn't refer case to DA but did anyway. Indicted and arrested, and still waiting for answers. School district wants me to work for them, but still waiting for some answers in this ridiculous case. Help me.


Asked on 2/05/08, 1:33 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: change of charges

Generally, the DA's have the ability to charge a lesser included offense. You should really address this issue with your current attorney. If my law firm can assist you with this legal issue (upon your release of your current attorney) or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

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Answered on 2/05/08, 2:06 pm


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