What kind of punishment can I expect if I get charged with assault in TX?

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What kind of punishment can I expect if I get charged with assault in TX?

So I got in a bar fight with my cousin and ended up hitting him in the head with a bottle. He is pressing charges. Would this be considered assault with a deadly weapon? What can I expect as punishment if I have no criminal record.

Asked on October 31, 2016 under Criminal Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Much will depend on the prosecutor and the judge.  Every jurisdiction in Texas is slightly different.  Some prosecutors will approach it for what it is:  a bar fight... family squabble... pay restitution... and move on and dismiss the case.  Other prosecutors are hardcore, will charge you wih a felony, and insist that you be 'held accountable' for your actions because they apparently don't have enough 'real criminals' to go harass.
So.... that's the range of what you can expect.  If you have no criminal record, you are probably looking at a diversion or a deferred sentence.  If your cousin had any medical bills, the focus of the prosecution will most likely be to have you pay restitution.  If they push for a felony, the time on probation will be between 2-5 years (roughly).  If they push the misdemeanor, then a probation will range from six months to two years. 
With either, there is the potential for a fine, court costs, and community service.  If you want to get a more precise feel for the judges/prosecutorial attitude in your area, then visit with a couple of the local attorneys to see the tendancies of your judge and prosecutor--- to see if they are reasonable or hardcore.


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