Legal Question in Criminal Law in Texas

if my husband is on parole and violated his parole by not reporting, and if it says on some court things on the internet ive looked at he was charged with simple assault because he was missing the word serious in front of aggravated assault he should have been charged for a simple assault which would be a misdemioner and they sentenced him to 10 years and realased him on parole a couple of months ago, it says he should have been only givin up to 1 yr in prison and 4000.00 fine is it possible for them to change his out come.


Asked on 2/16/10, 7:38 pm

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

If your husband has plead guilty to aggravated assault, the time to negotiate a reduced charge of simple assault is long passed. (He may have originally been charged with simple assault and had the aggravated charged filed after his arrest.) The only way for him to get another shot at this is to show that he relied on a lawyer who was ineffective in his or her representation of your husband. This is a difficult issue to win on appeal and your husband's appeal options are probably very limited at this point.

I would recommend speaking with a lawyer that handles criminal appeals in your area.

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Answered on 2/22/10, 8:33 am


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