If I got charged with assault 4 1/2 years ago and am finally going to court next week, will I get jail time?

What do you think will happen since it’s an old case?

Asked on September 12, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No one can really guarantee what will happen on your case.  If the victim is still mad and you get a highstrung prosecutor, then they may want a higher punishment.  However, I would agree with the attorney that you visited with, that you could get probation.  If you don't have much history and the assault was only a misdemeanor, you probably have a good chane at getting probation... or even a conditional dismissal.
In Texas, assaults can be prosecuted in municipal court, JP Court, county court, or district court.  District courts handle the felony level assaults.  The county courts handle the ones that could result in county jail time and that are misdemeanors.  JP and municipal court cases tend to be fine only assault offenses.  So... if you are going to court for JP or municipal court... you looking at a fine.... at the most.  If you are going to county or district court, you would have the right to ask for a court appointed attorney since you could be assessed jail time in either court.  Utlize this right.  Considering the age on your case, you may have certain defenses, including a speedy trial violation, that even a court appointed attorney could assist you with.


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