Texas - Aggravated Assault with a Deadly Weapon

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Latest post Sun, Feb 28 2010 4:55 PM by LG81. 15 replies.
  • Wed, Feb 24 2010 11:17 PM

    • lc14
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    Texas - Aggravated Assault with a Deadly Weapon

    A man I dated for a VERY short period began harassing me once I told him I didn't want to see him anymore (I picked up quickly he was a drug addicted con man). After making police reports, I ended up downtown with detectives (at their request) because of his scarry behavior with me along with his history, and that is when I learned how dangerous of a guy he is. Past charges were everything from assault (3), to breaking protective orders (3), theft, perjury, etc; and he has served time in prison.  He was arrested again a few months back, only to start contacting me the day he was released on bail.  This last charge was for aggravated assault with a deadly weapon...2 counts.  I have been tracking his court dates; there have already been 2 set, but they keep getting rescheduled.

    My question is, how can someone this bad with such a history, and assault with deadly weapon charges still be walking around?  My next question is, once he finally makes it in front of the judge, what would the possible sentencing be?

    I am very tired of being afraid, and I do not understand this system.  He has already put two women in the hospital and I don't want to be number three.

    Thanks for your feedback...

  • Thu, Feb 25 2010 12:36 PM In reply to

    • Ford
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    He has a right to bail . . .

    It is in the Constitution.  A judge set the bail amount and he posted it.

    Nobody here can tell you anything other than the maximum penalty.  State law normally has a general penalty so that judges can fashion a sentence.

    If he's been in prison before and is convicted, there's a good chance he's going back to prison.

  • Thu, Feb 25 2010 1:49 PM In reply to

    • lc14
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    Re: He has a right to bail . . .

    Thanks Ford!  I understand the bail, but how many times can a court date be rescheduled when these types of charges are pending?  This is the part that gets me...  I appreciate your reply!

  • Thu, Feb 25 2010 2:26 PM In reply to

    • Ford
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    Re: He has a right to bail . . .

    lc14:
    many times can a court date be rescheduled when these types of charges are pending?

    There's no limit unless state law imposes one, which it likely does not.  A judge can refuse to reschedule, but if the parties want to reschedule, a judge is often going to go along with it.

  • Thu, Feb 25 2010 3:31 PM In reply to

    • lc14
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    Re: He has a right to bail . . .

    Yes, and thanks... I just did some digging on this... I see it can go on for months.  That is emotionally brutal for the victims.  At what point does a victim have rights, when they are the ones in danger?  It just doesn't seem fair.... for the accused, perhaps.  The protective orders don't work with this guy in my case... he has already broken 3 (assault charges) and still gets to walk around.  So the only thing people in my situation can do is be on-guard and watch their backs 24/7?  I was advised NOT to get a protective order against him, because (other than wasting my time w/the paperwork) it would trigger him to stand up against the order and me... because he thinks he is above the law and can do what he wants. And at this point, it looks like he can.  Dangerous situation, anyway you look at it.  Sad!  Thanks for your help Ford~

  • Thu, Feb 25 2010 5:45 PM In reply to

    • LynnM
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    Re: He has a right to bail . . .

    But if the system did what you want, locked him up immediately, anyone with a grudge could make a charge and he would have to prove that he is innocent - exactly the oppsite of our system.

  • Thu, Feb 25 2010 6:58 PM In reply to

    • lc14
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    Re: He has a right to bail . . .

    Thank you LynnM for your informative reply.  However, I already understand this. If I were being being accused under false pretense (or grudge?), I would certainly want fair trial.  We all deserve this.  Yes! It is our constitutional right.  It is, however, NOT our constitutional right to be beaten, raped, murdered and terrorized by crazy people that have INTENSE past of habits of felony crimes AND that have been arrested multiple times for such acts, SERVED TIME IN PEN's for such acts and are STILL walking the streets stalking innocent people!!!!  If you are going to respond again, would you please be specific in responding to my questions in my last post. RELATING to...what about the victims rights? What about the stats on murders and injuries that happen under assault/family violence everyday, along with the warning signs that come along with it? I am more interested in learning about this side of the stick from a defense ends view. I look very forward to your feedback.

  • Thu, Feb 25 2010 7:27 PM In reply to

    • lc14
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    Re: He has a right to bail . . .

    Hey Ford!  Just re-reading the posts here...  so why would a judge just "go along" with a rescheduling request?

  • Thu, Feb 25 2010 8:07 PM In reply to

    • LynnM
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    Re: He has a right to bail . . .

    Just because he has done bad things in the past the system is not going to assume he is guilty of the most recent charge. I understand you are upset, but getting angry at me serves no useful purpose.

  • Fri, Feb 26 2010 2:50 PM In reply to

    • Ford
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    No Constitution ever made life fair . . .

    All the laws in the world don't prevent crimes.

    All you can do is be involved as a possible victim.  Victims don't run the show, however.  They have no Constitutional rights here under federal law.  Many states have enacted victim rights amendments or statutes.

    Protective orders don't stop bullets.  Protective orders are a way for the government to cover its posterior, by claiming they attempted to intervene.

  • Fri, Feb 26 2010 2:51 PM In reply to

    • Ford
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    Judges can be lazy . . .

    just like regular people.  If I were a judge and wanted to go golfing rather than preside over a trial, and the parties wanted to continue, I'd probably let them.

  • Fri, Feb 26 2010 4:08 PM In reply to

    • lc14
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    Re: No Constitution ever made life fair . . .

    You are so right on the mark!  Thank you... you are confirming what I thought!!  

    Protective orders.... yep!  This is why I was advised by the authorities (the guys on the front line) to not go through the hassle of a protective order.  No such thing as bullet proof glass!

    Ford!  Thank you so much!!!!  You've made my day, because now I am getting some validation on my concerns and knowing what I'm up against!!

    You have given me hope in this website, after all:)

  • Fri, Feb 26 2010 4:10 PM In reply to

    • lc14
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    Re: Judges can be lazy . . .

    unlessss..... i were his daughter!  but, i'm not!   it is what it is...  so he can go play golf!  its a job!  everyone needs a break!   i know, I DO!!  thanks Ford~

  • Sat, Feb 27 2010 1:11 PM In reply to

    • LG81
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    Re: Texas - Aggravated Assault with a Deadly Weapon

    lc14:
    My next question is, once he finally makes it in front of the judge, what would the possible sentencing be?

    You may want to consider looking at sentencing guidelines and/or laws for your jurisdiction.  You can probably find actual statutes on-line, but they may or may not be clear. 

    You could also look at criminal lawyers' websites; many include "presumptive" minimums and maximums for the particular class of violation.  However, be aware these are just "presumptive"; unless otherwise mandated by law, the judge could decide on something outside of that range. 

  • Sun, Feb 28 2010 4:32 PM In reply to

    • lc14
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    Re: Texas - Aggravated Assault with a Deadly Weapon

    lg81....  thank you!  

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