Previous assault charge in Ohio, and now an assault with a deadly weapon charge in Texas…What will happen?
At 15, my brother received an assault charge (IN OHIO) after fighting another boy at school (he broke the boy’s jaw)…Now at 17, he’s being charged for assault with a deadly weapon (IN TEXAS). The so-called “victim” of the assault was drunk, threatening to kill four other people at the party (himself, too), and had already attempted to attack the four the night before. My brother tried to console him, and the guy pulled a knife on him (cutting my brother’s hand). My brother hit him (with an UNLOADED gun) and knocked the knife out of his hand. Now the “victim” has filed assault with a deadly weapon charges against my brother. How will this turn out in court??? My brother has several MIPs and MICs on his record…And one criminal mischief charge. What may be the outcome of his situation?
Professional answers would be GREATLY appreciated!
It doesn’t look good with the prior charges. But has he been convicted?
Texas is a pretty tough state, and depending on what happened, the statements of witnesses who were there when this happened, it can be tough to prove. Basically everything is based on hearsay and observation, and if others were also intoxicated at the party it can look like there are no reliable accounts of what really happened – meaning, his word against the victim. He might get in trouble for having a gun at a party, unless he has the license to own it.
Your brother needs an attorney for this. The prior troubles aren’t going to help with this, but if you guys can get reliable witnesses stating what happened that could certainly help him.