Legal Question in Criminal Law in Texas

The state picked up the case againist my exwife boyfriend. He was charged with assault with a deadly weapon in the second degree? What does that mean the state picked up the case. Will he do hard time cause he's very abusive towards her.


Asked on 3/30/12, 4:12 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

"Picked up" is a phrase that lay (non lawyer) people use whenever they want a case dismissed in which they are the complainant. Meaning, that the complainant asked that the case be dismissed but the State refused and "picked up" the case.

The sentence he will receive depends on the underlying facts and his criminal history. He is facing 2 to 20 years in prison although some times the cases are plea bargained down to a misdemeanor and / or the person could receive probation. However, this should be discussed with the complainant before the offer is made.

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Answered on 3/31/12, 10:09 pm


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