Criminal law question

[conVINCEd 21469]

What would a typical sentence be for aggravated assault with serious bodily injury in TX?  There will be a few drug and minor violence priors involved, but this would be the first big boy crime.  Thanks in advance, and I don’t want to give more details.

[conVINCEd 21469]

I will add that I am asking the question in order to determine if I am willing to chip in for posting bail.  The justice system is moving very slowly right now.  That sucks, and in general, the bail system in this country sucks, plus COVID.  He did the crime.  I personally know the person he assaulted.  If he’s looking at 5-10, he can just sit in County for a while until his trial comes up.  If these things tend to end up with him on probation, or a short jail sentence plus probation, I’m willing to consider trying to help.  He needs to be in some sort of mental health/rehab facility.  There are a few obstacles to that happening, but I’m willing to explore looking into how to make that happen if it is a possibility.

[Gatorubet 30313]

What would a typical sentence be for aggravated assault with serious bodily injury in TX?

“Dude - don’t do that shit!!”

[conVINCEd 21469]

We’ve tried that.

[TwiceHorn 31536]

Dallas County?

Rather than chipping in for bail, might want to chip in to locate a half decent criminal lawyer that can explore the diversion (drug) courts.  They aren't perfect but for a person with addiction/mental problems, it can be a start.

[conVINCEd 21469]

Yes.  I don’t know the exact details of his prior offenses, but I would guess he has already explored that part of the criminal justice system.  This one is ugly.  But if we can take one last swing at helping him, I’m willing to try up to a certain dollar amount,  which is why the younger family members are considering pooling their resources.

[conVINCEd 21469]

1 hour ago, TwiceHorn said:

Dallas County?

Rather than chipping in for bail, might want to chip in to locate a half decent criminal lawyer that can explore the diversion (drug) courts.  They aren't perfect but for a person with addiction/mental problems, it can be a start.

PM me a couple of names if it’s not too much trouble.  I have a guy’s card I keep in my wallet who does DWIs, but that card is probably 15 years old at this point.

[ztejas 43537]

Tried to pm you an attorney rec for Dallas criminal law. Says you can't receive pms? 

[conVINCEd 21469]

7 minutes ago, ztejas said:

Tried to pm you an attorney rec for Dallas criminal law. Says you can't receive pms? 

Just sent you a PM.

[Bevo 13601]

8 hours ago, conVINCEd said:

What would a typical sentence be for aggravated assault with serious bodily injury in TX?  There will be a few drug and minor violence priors involved, but this would be the first big boy crime.  Thanks in advance, and I don’t want to give more details.

If you have to ask, don't do it.

[TwiceHorn 31536]

7 hours ago, conVINCEd said:

PM me a couple of names if it’s not too much trouble.  I have a guy’s card I keep in my wallet who does DWIs, but that card is probably 15 years old at this point.

Not too much trouble I'm just drawing a huge blank at the moment, as far as someone I know that deals with addiction/diversion courts.  Of course, all of them do but some are better than others.

A couple of standard answers for criminal law firms of good repute are Udashen & Anton ($$$$), Milner & Finn ($$$), and Broden MIckelson.  I know Clint Broden a bit and he's a good guy and good lawyer and would make a referral if too expensive.  I'm sure they all would. I also know Dave Finn and he's a bit of a penis, but a good lawyer and his partner George Milner is supposed to be a DWI wizard.

[conVINCEd 21469]

3 hours ago, TwiceHorn said:

Not too much trouble I'm just drawing a huge blank at the moment, as far as someone I know that deals with addiction/diversion courts.  Of course, all of them do but some are better than others.

A couple of standard answers for criminal law firms of good repute are Udashen & Anton ($$$$), Milner & Finn ($$$), and Broden MIckelson.  I know Clint Broden a bit and he's a good guy and good lawyer and would make a referral if too expensive.  I'm sure they all would. I also know Dave Finn and he's a bit of a penis, but a good lawyer and his partner George Milner is supposed to be a DWI wizard.

Thanks.

[TwiceHorn 31536]

If I can think of some smaller-firm or solo types that I know from the recovery community that may be helpful for that aspect of it, I'll PM or post here.

[dcbc 14509]

14 hours ago, conVINCEd said:

 If he’s looking at 5-10, he can just sit in County for a while until his trial comes up.  If these things tend to end up with him on probation, or a short jail sentence plus probation, I’m willing to consider trying to help.

With a basic aggravated assault, the range is 2--20.  When you say big boy crime, do you mean first time as an adult?  If not, those priors could play into the range of sentence.  I don't know how they are with giving out community supervision on agg assaults in Dallas County, but ordinarily, I'd guess with a history, the likelihood of doing some prison time is higher with a violent offense.  That said, Covid has the criminal dockets backed up like crazy with no jury trials.  So that might work to his advantage if they are apt to cut him a plea deal to get him out on community supervision and off the trial docket.

Side note:  If there's an allegation that he used a deadly weapon against a family member or girlfriend, or if there are some other facts that may not have been mentioned, it gets bumped to a first degree with a punishment range of 5--99 years.  

Edited November 29, 2020 by dcbc

[conVINCEd 21469]

4 minutes ago, dcbc said:

With a basic aggravated assault, the range is 2--20.  When you say big boy crime, do you mean first time as an adult?  If not, those priors could play into the range of sentence.  I don't know how they are with giving out community supervision on agg assaults in Dallas County, but ordinarily, I'd guess with a history, the likelihood of doing some prison time is higher with a violent offense.  That said, Covid has the criminal dockets backed up like crazy with no jury trials.  So that might work to his advantage if they are apt to cut him a plea deal to get him out on community supervision and off the trial docket.  

Thanks.  When I said big boy crime, I suppose I meant serious felony.  Most of his criminal behavior has been as an adult.  My knowledge is somewhat limited by the fact that his immediate family, up to this point, has tried very hard to make sure nobody knows about what he has done.  This incident involved his immediate family, so they’ve decided to quit helping.  So he’s in County indefinitely at this point.  It’s a really complicated deal that is impossible to convey in this format.  Part of me says help, and part of me says let it go, it’s not your problem.  And part of me knows that the immediate family will be upset if I help.  I’m going to call a couple of the attorneys that have been recommended and see what they have to say.

[torre 1286]

51 minutes ago, conVINCEd said:

.  My knowledge is somewhat limited by the fact that his immediate family, up to this point, has tried very hard to make sure nobody knows about what he has done.  This incident involved his immediate family, so they’ve decided to quit helping.  So he’s in County indefinitely at this point.  It’s a really complicated deal that is impossible to convey in this format.  Part of me says help, and part of me says let it go, it’s not your problem.  And part of me knows that the immediate family will be upset if I help.  I’m going to call a couple of the attorneys that have been recommended and see what they have to say.

It is very apparent you have an impassioned concern which is much respected.    May you make the best decision.

But keep in mind his family's responsibility, both prior and current.

[dcbc 14509]

1 hour ago, conVINCEd said:

Thanks.  When I said big boy crime, I suppose I meant serious felony.  Most of his criminal behavior has been as an adult.  My knowledge is somewhat limited by the fact that his immediate family, up to this point, has tried very hard to make sure nobody knows about what he has done.  This incident involved his immediate family, so they’ve decided to quit helping.  So he’s in County indefinitely at this point.  It’s a really complicated deal that is impossible to convey in this format.  Part of me says help, and part of me says let it go, it’s not your problem.  And part of me knows that the immediate family will be upset if I help.  I’m going to call a couple of the attorneys that have been recommended and see what they have to say.

All the best and good luck with your decision.  Sounds like a tough situation.

 

[conVINCEd 21469]

3 hours ago, dcbc said:

With a basic aggravated assault, the range is 2--20.  When you say big boy crime, do you mean first time as an adult?  If not, those priors could play into the range of sentence.  I don't know how they are with giving out community supervision on agg assaults in Dallas County, but ordinarily, I'd guess with a history, the likelihood of doing some prison time is higher with a violent offense.  That said, Covid has the criminal dockets backed up like crazy with no jury trials.  So that might work to his advantage if they are apt to cut him a plea deal to get him out on community supervision and off the trial docket.

Side note:  If there's an allegation that he used a deadly weapon against a family member or girlfriend, or if there are some other facts that may not have been mentioned, it gets bumped to a first degree with a punishment range of 5--99 years.  

Agg. assault with serious bodily injury is what was listed when I looked him up in the jail database.  Thanks to everyone for the help.

[High Plains Drifter 11052]

On 11/28/2020 at 8:40 PM, conVINCEd said:

What would a typical sentence be for aggravated assault with serious bodily injury in TX?

 

fuck around and find out

 

[blacklab 11951]

12 hours ago, High Plains Drifter said:

fuck around and find out

I think we have finished the "fuck around" phase and have moved on to the "find out" stage of the proceedings. 

[conVINCEd 21469]

We’ve decided that jail is the best available option for him right now.  His parents are the only people that could foot the bill for what he actually needs, which would be really fucking expensive, and they won’t.  So he might as well start knocking off the days that he will eventually be sentenced to.  Feels really fucking weird to type that, but after talking to a few people, I think that’s the right call.

[bernorange 8363]

He bought his ticket. He knew what he was getting into. I say, let him crash!

[Bernard 879]

How much is bail for that kind of charge? And what constitutes serious bodily harm?

CSB: Dude tried to snatch a purse from a girl I know. Montrose. Mid 1990’s. He grabbed the purse from the front seat of her top-down convertible SAAB which was parked in her driveway. She tried to stop him and was pushed to the ground in the process. Aggregated robbery. He turned down a plea offer of 7 years. Went to trial and got 20 years. He had multiple previous felony convictions. Victim thought it was WAY too steep. Questioned her decision to press charges and testify against him.  

Bernard

Edited December 1, 2020 by Bernard

[conVINCEd 21469]

6 hours ago, Bernard said:

How much is bail for that kind of charge? And what constitutes serious bodily harm?

CSB: Dude tried to snatch a purse from a girl I know. Montrose. Mid 1990’s. He grabbed the purse from the front seat of her top-down convertible SAAB which was parked in her driveway. She tried to stop him and was pushed to the ground in the process. Aggregated robbery. He turned down a plea offer of 7 years. Went to trial and got 20 years. He had multiple previous felony convictions. Victim thought it was WAY too steep. Questioned her decision to press charges and testify against him.  

Bernard

$25k.   The injuries were non-life threatening, but serious enough to require several days in the hospital.

[TwiceHorn 31536]

12 hours ago, conVINCEd said:

We’ve decided that jail is the best available option for him right now.  His parents are the only people that could foot the bill for what he actually needs, which would be really fucking expensive, and they won’t.  So he might as well start knocking off the days that he will eventually be sentenced to.  Feels really fucking weird to type that, but after talking to a few people, I think that’s the right call.

If he's got addiction issues, then "giving him the dignity of suffering the consequences of his actions" is absolutely the right call.

If bailing him out for the purpose of moving him to a therapeutic community (rehab), were a real possibility, that might slightly change the above calculus.  But the risk of insincere commitment to rehab just to get out of jail is high.

Is 25k the bail or the bond amount?

Edited December 1, 2020 by TwiceHorn

[ztejas 43537]

7 minutes ago, TwiceHorn said:

Is 25k the bail or the bond amount?

Yeah I was about to say... aren't there a lot of scenarios where you get that money back as long as you show up to your court dates? Maybe minus a fee I guess. 

@conVINCEd if he is sentenced to prison time - then his time served in county might count double or more if he is on good standing there. I'm not sure how it works in Dallas but I know that is the case for a lot of places.

[conVINCEd 21469]

11 minutes ago, TwiceHorn said:

If he's got addiction issues, then "giving him the dignity of suffering the consequences of his actions" is absolutely the right call.

If bailing him out for the purpose of moving him to a therapeutic community (rehab), were a real possibility, that might slightly change the above calculus.  But the risk of insincere commitment to rehab just to get out of jail is high.

Is 25k the bail or the bond amount?

Bail.  If we chose to, we could get him out for $2.5k, which would’ve been our preference, since none of us felt like gambling $25k on him not skipping bail.  The problem with that is there is nowhere for him to live while awaiting trial.  His immediate family doesn’t want anything to do with him right now.   I’m assuming whatever job he had is long gone, and I would imagine getting another job during a pandemic while awaiting trial for a violent felony would be difficult.  While somewhat sympathetic to his cause, none of the relatives who were considering helping want him under their roof given what he has done.  That’s without even considering COVID.  I’m the best candidate as I’m the only one without kids, and I won’t do it.  Tough deal.  

[TwiceHorn 31536]

35 minutes ago, conVINCEd said:

Bail.  If we chose to, we could get him out for $2.5k, which would’ve been our preference, since none of us felt like gambling $25k on him not skipping bail.  The problem with that is there is nowhere for him to live while awaiting trial.  His immediate family doesn’t want anything to do with him right now.   I’m assuming whatever job he had is long gone, and I would imagine getting another job during a pandemic while awaiting trial for a violent felony would be difficult.  While somewhat sympathetic to his cause, none of the relatives who were considering helping want him under their roof given what he has done.  That’s without even considering COVID.  I’m the best candidate as I’m the only one without kids, and I won’t do it.  Tough deal.  

Again, if addiction issues are driving his problems, this is the "galactically" right thing to do.  Don't feel bad.

Bailing him out and giving him a place to live so he could continue his shenanigans would be more galactically wrong.

Edited December 1, 2020 by TwiceHorn

[conVINCEd 21469]

1 minute ago, TwiceHorn said:

Again, if addiction issues are driving his problems, this is the "galactically" right thing to do.  Don't feel bad.

I honestly don’t know if his current issues are a result of taking the wrong drugs or not taking the right drugs.  It’s probably a little of each.  There are significant mental health issues in play beyond addiction.

[torre 1286]

19 minutes ago, conVINCEd said:

I honestly don’t know if his current issues are a result of taking the wrong drugs or not taking the right drugs.  It’s probably a little of each.  There are significant mental health issues in play beyond addiction.

There should be a drug/mental health eval conducted upon entry which may be helpful.   And other programs available.   Has anyone spoken with an attorney ? - this is where there is a benefit.

Would be good if someone communicates with him while incarcerated.  Important for rehab.

From your posts,  it seems you are more at ease which is good.    Respect for your concern.

 

 

 

 

[Bernard 879]

Without family support and a strong game plan to get his shit straight after being bailed out,  jail might be the best place for him right now. Jails are not usually the best place to get help with mental illness, but the can cure substance abuse, at least for a while. Maybe a stint in the slam will do him some good. I’ve seen it work out that for one bipolar girl I know. Parents tried everything including $50k inpatient program at Menninger Clinic. Didn’t work. They didn’t bail her out after her 3rd DWI. Six months behind bars awaiting trial fixed her right up.

As already touched on above, if he’s facing jail time post conviction, might as well get the clock going now. County is better than TDC, right?

Bernard

[TwiceHorn 31536]

8 hours ago, torre said:

There should be a drug/mental health eval conducted upon entry which may be helpful.   And other programs available.   Has anyone spoken with an attorney ? - this is where there is a benefit.

Would be good if someone communicates with him while incarcerated.  Important for rehab.

From your posts,  it seems you are more at ease which is good.    Respect for your concern.

 

 

 

 

Yeah, it won't be top notch care, but they should be able to get him on some kind of baseline therapy and will mostly insure he gets it and takes it.  Drying out can't hurt either.

There's some possibility of harm there, but I'm not sure it's much different for him than the "free world."

Also, if he is abusing substances, that tends to kind of swallow the other mental health issues until he's free from the substances for a while.

The attorney should probably play a role in bringing his diagnoses to their attention, as well as whatever meds he might have been taking.

Edited December 2, 2020 by TwiceHorn

[conVINCEd 21469]

22 minutes ago, Bernard said:

Without family support and a strong game plan to get his shit straight after being bailed out,  jail might be the best place for him right now. Jails are not usually the best place to get help with mental illness, but the can cure substance abuse, at least for a while. Maybe a stint in the slam will do him some good. I’ve seen it work out that for one bipolar girl I know. Parents tried everything including $50k inpatient program at Menninger Clinic. Didn’t work. They didn’t bail her out after her 3rd DWI. Six months behind bars awaiting trial fixed her right up.

As already touched on above, if he’s facing jail time post conviction, might as well get the clock going now. County is better than TDC, right?

Bernard

That’s the conclusion we came to.

edited to add:  he has a good attorney now.  I was able to guilt-trip his mother into springing for that, despite the fact that they are leaving him in jail.  I don’t have the name, but he’s the guy who has managed to keep him out of jail up until now, so he’s probably ok.

Edited December 2, 2020 by conVINCEd

[conVINCEd 21469]

11 hours ago, torre said:

There should be a drug/mental health eval conducted upon entry which may be helpful.   And other programs available.   Has anyone spoken with an attorney ? - this is where there is a benefit.

Would be good if someone communicates with him while incarcerated.  Important for rehab.

From your posts,  it seems you are more at ease which is good.    Respect for your concern.

 

 

 

 

I’m not going to communicate with him until he knows I am not reaching out to get him out.  He wants out, and my appearance on the scene would give him false hope, and that’s cruel.  Once he meets with his new (for this case, he’s represented him previously) attorney, and it is explained to him that the game plan is to minimize his sentence, I’ll figure something out to have some communication.

Edited December 2, 2020 by conVINCEd

[Jkwellborn 6741]

The chick that cut my ex sister in laws throat and beat her with a bat got 15 years , out in 8. Should have gotten a bullet to the dome.

[conVINCEd 21469]

Updated:  just heard from my sister that he pled guilty and got 4 years.  There was some good advice here and thought you guys deserved to know the outcome.