Legal Question in Criminal Law in Texas

Charges for Aggravated Assault Family Violence

My fiance got charged with aggravated assault family volience. My parents called the police on him thinking that he had a gun to my head. He didn't have a gun to my head and I told my parents not to call the police. I told the police I was fine when they arrived, they searched the house found a unloaded gun. They arrested him and I didn't press charges because he didn't hurt me. Now we are awaiting a court date. He had never got into any trouble and I don't think the police handled the situation right.


Asked on 4/13/06, 7:45 pm

3 Answers from Attorneys
michael palmer Law Office of Michael Palmer

Re: Charges for Aggravated Assault Family Violence

Your fiance is facing 2-20 years and up to a $10,000 fine. If your fiance has not been indicted yet, then you might be able to get this case dismiss at the grand jury level. I served on a grand jury in Harris County so I have some expertise in resolving cases using this method. If he has been indicted, then there are still other things that can be done to get the case dismiss. Your fiance should hire an attorney immediately.

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Answered on 4/14/06, 11:57 am
Mark Pantano The Law Office of Mark Pantano

Re: Charges for Aggravated Assault Family Violence

The situation you describe is very serious. I don't know if you are asking a question, but I would advise your fiance to hire an attorney immediately. It sounds like he is likely facing 2-20 years in prison if they charge him with Aggravated Assault. If I can help in any way, please let me know.

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Answered on 4/13/06, 9:17 pm
TC Langford Langford Law Office

Re: Charges for Aggravated Assault Family Violence

I agree with Mr. Palmer and Mr. Pantano. One issue you may not understand however, is that you CAN'T not press charges. This is a criminal, not civil case.

All counties handle these case differently, but the bottom line is that the DA can proceed if there is sufficient evidence to do so. You can be subpoenaed to testify, as can your parents. An affidavit of non-prosecution is helpful, but not dispositive.

The sooner he hires a lawyer, the better the chances are of disposing of this case before a trial setting.

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Answered on 4/18/06, 1:31 pm


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