What is the most likely penalty I will receive for the crime I committed?
I have been accused of a Class A misdemeanor in the state of Texas (assault- family violence) due to attacking my mother while undiagnosed with bipolar disorder. After being bonded out of jail, my mother urged me to be admitted into a psychiatric hospital for treatment, during which I was diagnosed with my mental illness.
She stated that she wanted to drop the charges and hired an attorney in my defense, yet I am concerned over which penalty I’d be facing should the state still choose to pursue the charges, regardless of my mother’s wishes. My lawyer claims that it is highly unlikely that I will serve any jail time (although there is always the possibility).
Even so, I am uncertain as to what the court will decide in December once the prosecutor has spoken to my mother. Considering that this is my first offense and I have no previous criminal history, am I eligible for deferred adjudication or probation if the state still decides to pursue the charges?
I have been in recovery for bipolar disorder for the past few months and have not since reacted violently toward any individual again. Also, what are my chances of having the case dropped?
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9 Answers
Your lawyer is really the best person to advise on this; I don’t think there is anyone here with expert knowledge of the Texas legal system. Sincere wishes for a good outcome!
Something like this is so much a judgement call on the part of the DA’s office that it’s impossible to guess. There are so many factors affecting their decision about whether to even prosecute it or not.
But you should have a letter from your Dr. and pertinent medical records made available to them. That will be a major factor.
Your lawyer is local there so is the best one to know what will likely happen.
Without prying too much – is this a big city (Dallas, Houston, San Antonio, etc.) or is it somewhere considerably smaller?
I think that your more likely to have a heavier sentence in a smaller jurisdiction.
This is a good article for you to read. It does not exactly correspond to your case, but it has some vary valuable tips for getting your domestic violence charge dismissed including what to wear to court.
Stay in treatment, even if it means you must be on an anti psychotic. Have documentation of your treatment for the attorney to present to the judge. In Texas it’s a crap shoot. Hopefully you draw a decent judge.
[Disclaimer: Not a legal professional.]
Once it’s in the hands of the system, meaning law enforcement and the courts, and in your case also social services, the outcome is unpredictable and out of your control. All you can really do is comply with all orders, obey the law, and keep your documents in order. And take your meds.
Also not a legal professional)
First never say “crime i committed”. Never never never. It’s what you’ve been accused of. I guess I’d see what the prosecutors ideas are and go from there. If he’s willing to consider options, good, if he wants to get your ass to show how tough on domestic violence, bad news. Good luck. The other advice above was pretty good.
@marinelife ‘s link is great. READ IT! They’re in Texas so they know Texas laws.
As others have said, none of us are qualified to give legal advice (unless anyone wants to speak to the contrary for him or herself), and none of us is familiar enough with your situation, your prosecutor, or even your locality to judge or predict where this will go, but there are some things that should apply regardless.
The prosecutor isn’t going to make a name for himself in prosecuting a case that the victim would prefer to drop. He’s not even going to be able to prosecute a case in which the victim won’t testify. (In murder cases the victim “testifies” through the evidence of the body. Your mother still has her own free will to stop talking to the prosecutor and stop cooperating with the case that he may have been building.)
In most cases with rational prosecutors who are already up to their necks in “real” crime – crimes where victims demand justice, restitution and punishment for offenders – the prosecutor won’t care about pushing a case with a first-time offender whose victim is totally on his side – and who isn’t cowed into submission to be on his side in a typical Domestic Violence situation.
As others have also said: keep your nose clean, mind your meds and follow the reasonable and rational demands of the system (and even the unreasonable and irrational ones, I suppose) and don’t make threats or sudden moves.
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