Jump to content

Recommended Posts

Posted
3 hours ago, IGotMeAWoody said:

Dior Johnson, Pitt freshman who has been suspended all season, just got his felony DA charges dropped down to a misdemeanor. 1 year of probation. His charges were also related to strangulation. Not sure if that can be used as a comparison, but if Beard has his charges plead down to misdemeanor I wonder if they do drop the hammer. 

I guess it will depend on how the jurisdiction handles DA charges.

Domestic violence charges have a tendency of being dropped. If that doesn't happen, I won't be surprised if it ends up being plead down to a misdemeanor.

Posted
First, let's just get this part out of the way, my rate is $450/hour. I'll send you the bill, hey, maybe I'll even accept a Zelle transfer. :)
Second, and unrelated to the first point, I'm a financial institutions litigator (civil), not a criminal attorney. (I'll bill you anyway.)
Third, directly related to the first point, I'm now billing my time to participate on a basketball board. $$$$
With those most important points covered, on to the substance.
Assault charges are set out in Chap. 22 of the Texas Penal Code (again, I don't practice criminal law, but remember, I'm billing you anyway).
In our fabulous State of Texas, an assault charge under Sec. 22.01(a)(1) -- which includes intentionally, knowingly, or recklessly causing bodily injury to another, including the person's spouse -- is a misdemeanor (Class A). Except under certain enumerated circumstances it is upgraded to a felony of the third degree (the stated charge here). One of those circumstances is where the the offense is committed against a person whose relationship is described in certain Family Code sections, and the offense is committed intentionally, knowingly, or recklessly 'impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth." Haven't been reading the follow up reports etc. but that seems to be the charge here from the initial limited news flash I read above. 
"Punishments" of such offenses are separately delineated in the Title 3 of the Penal Code, and at Sec. 12.34 for third degree felonies. That statute provides that an individual adjudged guilty of a third degree felony "shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years." (And there's also a permissive fine not to exceed $10,000 -- which will be less than my first invoice to you).
I take it you pulled that up to see the 2-10 years you mention, but I wanted to go through all of this detail to ensure my bill is high enough.
On whether the Texas criminal court judge could deviate from the statute, if the case were to go forward and to trial, I don't know (you still have to pay my bill), but my general understanding here is that the statutory language "shall be punished" is mandatory, and thus cannot be deviated from. I'm now going to ruminate on that, and charge you some more.
 
 
 
Sounds like an expensive post for@Stuhoo

Sent from my SM-G996U using Tapatalk

Posted
20 minutes ago, HoosierHoopster said:

First, let's just get this part out of the way, my rate is $450/hour. I'll send you the bill, hey, maybe I'll even accept a Zelle transfer. :)

Second, and unrelated to the first point, I'm a financial institutions litigator (civil), not a criminal attorney. (I'll bill you anyway.)

Third, directly related to the first point, I'm now billing my time to participate on a basketball board. $$$$

With those most important points covered, on to the substance.

Assault charges are set out in Chap. 22 of the Texas Penal Code (again, I don't practice criminal law, but remember, I'm billing you anyway).

In our fabulous State of Texas, an assault charge under Sec. 22.01(a)(1) -- which includes intentionally, knowingly, or recklessly causing bodily injury to another, including the person's spouse -- is a misdemeanor (Class A). Except under certain enumerated circumstances it is upgraded to a felony of the third degree (the stated charge here). One of those circumstances is where the the offense is committed against a person whose relationship is described in certain Family Code sections, and the offense is committed intentionally, knowingly, or recklessly 'impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth." Haven't been reading the follow up reports etc. but that seems to be the charge here from the initial limited news flash I read above. 

"Punishments" of such offenses are separately delineated in the Title 3 of the Penal Code, and at Sec. 12.34 for third degree felonies. That statute provides that an individual adjudged guilty of a third degree felony "shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years." (And there's also a permissive fine not to exceed $10,000 -- which will be less than my first invoice to you).

I take it you pulled that up to see the 2-10 years you mention, but I wanted to go through all of this detail to ensure my bill is high enough.

On whether the Texas criminal court judge could deviate from the statute, if the case were to go forward and to trial, I don't know (you still have to pay my bill), but my general understanding here is that the statutory language "shall be punished" is mandatory, and thus cannot be deviated from. I'm now going to ruminate on that, and charge you some more.

 

 

 

SEE!

1) thanks HH!

2) Hova—pay the man 

Posted

I don't know the ins and outs of the whole legal process, but after watching this, he has a $10K bond, court dates, a protective order, and there was no mention of charges being dropped.

Posted

Just for the hell of it, I went to the UT website. It just had a preview of tonight's game against Rice, with links providing answers to questions like: 

When will doors/gates open? 
Where is parking? 
Where is will call located? 
Where should students enter? 

It lacked the most relevant query ... 
Who will be coaching the team? 
 

Posted
1 hour ago, HoosierHoopster said:

First, let's just get this part out of the way, my rate is $450/hour. I'll send you the bill, hey, maybe I'll even accept a Zelle transfer. :)

Second, and unrelated to the first point, I'm a financial institutions litigator (civil), not a criminal attorney. (I'll bill you anyway.)

Third, directly related to the first point, I'm now billing my time to participate on a basketball board. $$$$

With those most important points covered, on to the substance.

Assault charges are set out in Chap. 22 of the Texas Penal Code (again, I don't practice criminal law, but remember, I'm billing you anyway).

In our fabulous State of Texas, an assault charge under Sec. 22.01(a)(1) -- which includes intentionally, knowingly, or recklessly causing bodily injury to another, including the person's spouse -- is a misdemeanor (Class A). Except under certain enumerated circumstances it is upgraded to a felony of the third degree (the stated charge here). One of those circumstances is where the the offense is committed against a person whose relationship is described in certain Family Code sections, and the offense is committed intentionally, knowingly, or recklessly 'impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth." Haven't been reading the follow up reports etc. but that seems to be the charge here from the initial limited news flash I read above. 

"Punishments" of such offenses are separately delineated in the Title 3 of the Penal Code, and at Sec. 12.34 for third degree felonies. That statute provides that an individual adjudged guilty of a third degree felony "shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years." (And there's also a permissive fine not to exceed $10,000 -- which will be less than my first invoice to you).

I take it you pulled that up to see the 2-10 years you mention, but I wanted to go through all of this detail to ensure my bill is high enough.

On whether the Texas criminal court judge could deviate from the statute, if the case were to go forward and to trial, I don't know (you still have to pay my bill), but my general understanding here is that the statutory language "shall be punished" is mandatory, and thus cannot be deviated from. I'm now going to ruminate on that, and charge you some more.

 

 

 

Pretty much my experience with attorneys. Especially the bill you for "ruminating" part.

Posted
1 hour ago, reconmkd said:

I don't know the ins and outs of the whole legal process, but after watching this, he has a $10K bond, court dates, a protective order, and there was no mention of charges being dropped.

$10K bond means he can post (and probably already has) 10 percent ($1,000) to be released subject to bond terms. The initial court dates are all subject to re-setting, dismissal, etc. A protective order is standard in this kind of case. There won't be any mention of charges getting dropped, that will be for consideration by the assigned prosecutor.

Bill will be in the mail

Posted
3 hours ago, rcs29 said:

Might be tough without victim's testimony?

Sent from my SM-G996U using Tapatalk
 

Most Law Enforcement Agencies take photos of the scene and all person's involved to avoid just the situation described above.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...