Legal Question in Criminal Law in Texas

My husband was recently in custody for aggravated assault with a deadly weapon problem is yes he hit me but no knife was involved like I said to police officer he never even had it on him I was a little buzzed and was angry for finding out he had an affair I was too scared to tell them I lied when they called me because I never been in trouble before now he might do prison time but I'm so afraid to get in trouble what should I do


Asked on 12/21/11, 11:43 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

The problem you have is that it is against the law to lie to the police. Last time I checked, it was a misdemeanor. However, a deadly weapon elevates regular assault from a misdemeanor to a Felony.

If they prosecute you for being mistaken, you will not do prison time for a misdemeanor. If this is your first offense, you would probably get probation. I suggest you do two things. First discuss your situation to confirm all this. Second have him contact your husband's lawyer to discuss a waiver of prosecution.

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Answered on 12/22/11, 1:39 pm


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