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I would be the person getting in trouble, I'm just trying to find out how bad its gonna be when I go to court!

2006-11-05 08:35:49 · 5 answers · asked by MomOfThreeBoys 3 in Politics & Government Law Enforcement & Police

5 answers

§ 22.02. AGGRAVATED ASSAULT.

(a) A person commits an
offense if the person commits assault as defined in § 22.01 and
the person:

(1) causes serious bodily injury to another, including the person's spouse; or

(2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;or

(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the servant's office or employment;

(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer.

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(d) In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.02.00

§ 15.02. CRIMINAL CONSPIRACY.

(a) A person commits criminal conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in
pursuance of the agreement.

(b) An agreement constituting a conspiracy may be inferred
from acts of the parties.

(c) It is no defense to prosecution for criminal conspiracy
that:

(1) one or more of the coconspirators is not criminally responsible for the object offense;

(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators has not been osecuted or convicted, has been convicted of a different offense, or is immune from prosecution;

(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or

(5) the object offense was actually commited.

(d) An offense under this section is one category lower than
the most serious felony that is the object of the conspiracy, and if
the most serious felony that is the object of the conspiracy is a
state jail felony, the offense is a Class A misdemeanor

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.004.00.000015.00.htm#15.02.00

For addittional Texas Laws go to:

http://tlo2.tlc.state.tx.us/statutes/index.htm

2006-11-05 15:40:22 · answer #1 · answered by thanson73 4 · 0 0

Agravated assault means felony. Conspiracy could mean dragging other people into the charge and/or enhancing the felony charge. I am not sure what the penalty would be on this kind of charge. Futhermore, it varies by the judge that will see you.

Experienced as a gofor in a criminal lawyer's office.

2006-11-05 08:52:29 · answer #2 · answered by Anonymous · 0 0

I to live in texas and have gone through the same thing. Sorry but you need a really good attorney to get you out of this one. I did not and spent 11 years and 3 months in jail as well as 750 community service hours as well as 4 days worth of solitary confinement.

2006-11-05 09:06:00 · answer #3 · answered by Strat Com 2 · 0 0

honestly, it's pretty bad. aggrivated assault is a felony, jail time for sure. conspiracy could range depending on the situation, but the could give you a felony charge for that too.

2006-11-05 08:44:58 · answer #4 · answered by Anonymous · 0 0

get a really good attorney if you want to get off with probation.....otherwise get ready for state jail or prison.

2006-11-05 11:49:31 · answer #5 · answered by Anonymous · 0 0

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