can i go back on a charge if i was charged as adult for agg.assault instead of disorderly conduct with a gun at the age of 17

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can i go back on a charge if i was charged as adult for agg.assault instead of disorderly conduct with a gun at the age of 17

when i was 17 i discharged a gun from a car and was then arrested for agg. assault got 5 years probation then went to prison for 2years then i went to the law library and found out it should be disorderly conduct with a gun class c misdemeanor not a felony so can i go back because of incompetency of attorney and is 17 adult or juvenile

Asked on April 24, 2009 under Criminal Law, Texas

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In Texas, 17 is an adult for criminal charges.

You can't change the charge or the sentence.

Many offenses fall under several charging categories. It's up to the District Attorney to decide what specific charges will be filed, with the condition that they are indictable and all elements can be proved 'beyond a reasonable doubt' at trial.

If this was a plea bargain, when you were sentenced, you admitted you committed the offense as charged.

PS: A Class C misd is just above a traffic ticket, carrying a fine of up to $500. It is highly unlikely that discharging a gun from a car would be considered a Class C 'disorderly conduct'. It sounds as though they charged you with a State Jail Felony, which is between a misdemeanor and felony and you possibly violated probation and did the two years in jail.


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