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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110401
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband got arrested for family violence this is his 2nd

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My husband got arrested for family violence this is his 2nd offence which makes it into a felony, he also evaded arrest with a vehicle (felony), and resisted arrest (misdemeanor). He bearly had gotten out of probation for the first family violence charge. Would he be able to get back on probation and also what are the chances of him not stepping into jail time with a good lawyer. I am not planning to be with him but I want him to be around to see my 4 year old daughter.

This second time the neighboors called the cops because they saw him pushing me, and my daughters were there to witness. When the police officeers took the statement they took one picture of the bruise in my arm where he was holding me with his hand. The way he envaded arrest is because he was on the pick up when the cops told him to turn off the vehicle and step out of the truck, and he said "No what did I do, I just want to talk to my wife". Since he did not want to shut off the engine, the police officer tried to take the keys off the engine, and my husband tried to stop him, then the officer got his head and forced it on the truck door to hold him down, this is when my husband drove off, when he did he ran into the front of the house and 2 police officers ran after him, this is when he resisted arrest. I need advice as to what are his consequences he might me facing. We live in Texas.

Thank you
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that on a second domestic violence case, with the evading and resisting charges the Texas courts are not forgiving and the prosecutor will be pushing for jail time. In domestic violence cases, as the person whom the alleged domestic violence was committed against, you are not the actual victim, the state is the victim and as such you cannot even seek to refuse to prosecute the case. You can give a statement to the court seeking to mitigate his sentence based on the child, but in general for a second offense felony DV with the evading involved he is looking at a minimum of 12-24 months in prison for the offense in addition to probation and domestic violence counseling.

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