Why are they using that Assault case that was dismissed in Houston against me?
Posted By Herman Martinez on Aug 18, 2010 2:08pm PDT
I hope this does not become a trend in Harris County, Texas, but I have come across two cases this month where someone's family violence assault case that was previously dismissed was used to make their current charge a felony assault. Recent changes in the law allow someone to be charged with a felony if the Government can prove that the assaults occurred within a year of each other.
When I became a criminal defense lawyer in Texas the only way a assault case became a felony was if serious bodily was caused or if someone was threatened with a deadly weapon. In response to the increase in domestic abuse cases the legislature made it a felony if someone assaulted a family member after being previously been convicted of the same offense. Please note that it does not have to be same family member or even that it had to be an actual member of someone's family. In fact, a dating relationship is enough. For instance, I have come across that a person has been charged as a felony for hitting his brother's girlfriend that was currently living with the family.