Legal Question in Criminal Law in Texas

I am the victim of a domestic violence crime. However, after the arrest of my boyfriend I didn't want to press charges and I signed an affidavit. The state still ended up picking up the charges, so what is the likely outcome?


Asked on 2/21/13, 10:29 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Your boyfriend needs to hire a lawyer. It is up to the prosecutor handling the case whether or not to proceed regardless of whether you want to proceed. However, whether the State has sufficient evidence or not depends on the specific facts. His lawyer will know whether they have sufficient evidence.

The charge is a class A misdemeanor (assuming it is his first.) He could get up to 1 year in jail and up to a $4,000 fine. If anything other than a dismissal occurs, if he is charged with assault on any family member (you or another family member) in the future, it is automatically a felony.

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Answered on 2/23/13, 3:46 pm


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