4down20
Quit checking me out.
I don't know the exact legal definitions in Texas, but in most State's Felony Assault requires "Great bodily injury." Usually that is defined as something which could cause disfigurement or reasonably certain to cause death.
A broken jaw is walking a very very fine line with "great bodily injury." It certainly does not = likely death. Disfigurement? Very iffy. Now, if the DA's office were to continue moving forward with that charge as a felony, and great bodily injury was not found - They lose. Case over. He walks.
I think it is very reasonable to assume they made a calculated decision, in knowing anticipation that they had overcharged the case. Should have been a misdemeanor all along.
All courts overcharge. The only misdemeanors I've ever "guilty" of came because the wanted to charge me with 2 felonies. If I plea no contest, they would drop it down to misdemeanors.
I probably could have beat the charges, but 2 felonies vs 2 misdemeanors pretty much made it not worth the risk. Part of me wishes I had fought it, but i guess what I did was "smart".
And what made the particular charges felonies to begin with was a dollar amount in damage. A dollar amount set in like 1915 when $2500 was a large sum of money, but in today's value would only be a small fraction of it. Some laws are screwed up, and nothing will be done to fix them because some stupid politician will spin it as the other guy being "soft on crime" if they tried.
Made me lose faith in our justice system however. Cause of course, whoever actually did it got away with it, and I got stuck with the bill.
Overcharging is lame.