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Class A Misdemeanor Family Violence Case - Texas

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T

Tiffany

Guest
About two months ago my common law husband abused me and split my lip open. The abuse had happened for some time but this was the first time I ran for help. A neighbor took me to the local police station and when they went back to arrest him he had fled. Well about two weeks ago they arrested him for assault causing bodily injury family violence. He of course thinks that all that he is going through is my fault - I never should have ran for help because he was done. Here is my question he is still living in the home. Will this hurt the prosecutions case against him. The only reason he is living there is that I am scared of him. He has told me that if he goes to jail for this he will kill me and if I take our kids he will kill me. He does not have any prior convictions except traffic tickets, he did have a case that was no billed by the grand jury. He has been drinking alot more since he got out of jail and telling me that a split lip is nothing - he should have done more. I am not afraid to call the police anymore if he hits me. I am tired of the abuse and want him out of my house. Can you tell me what he is facing punishment wise, if his living in the home will effect the case, etc?

Thank you,

Tiffany
 


JETX

Senior Member
Based on your post and that this is his first charge, he was probably charged with Assault per Texas Penal Code, Chapter 22. Source: http://www.capitol.state.tx.us/statutes/pe/pe002200.html#pe001.22.01

Q1) "Can you tell me what he is facing punishment wise,"
A1) Class A misdemeanor is punishible as follows:
§ 12.21. Class A Misdemeanor
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

Q2) "if his living in the home will effect the case, etc?"
A2) No, it should have no effect on the case. The only issues are: did it happen and was it 'consensual'. Texas Penal Code allows
"§ 22.06. Consent as Defense to Assaultive Conduct
The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods."
 

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