Is there a way to change my assault conviction? 2 Answers as of July 19, 2011

I have a criminal charge of an assault on a family member but I never hit them but I wanted to know is there a way if I can change the family assault to a regular assault.

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Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
If you have already been convicted of said charge, then the conviction cannot be change from a family violence assault to a regular assault.
Answer Applies to: Texas
Replied: 7/19/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Even if the State does not allege that the assault involved a family member, they can later prove it up if you were subsequently charged (and enhance the case to a felony.) The "family" part of the charge is generally not even discussed in negotiations - either it involves a family member or it does not. If you did not hit the person, set the case for trial! You should not plead guilty to something that you did not do and risk a future felony charge.
Answer Applies to: Texas
Replied: 7/19/2011
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