Asked 3/1/2016 – Nacogdoches, TX

My son was arrested and placed on probation for resisting arrest a few months ago. A few months later he was arrested again in another town for assault on an officer. He reported this to his probation officer and turned himself in as instructed by his probation officer. Right now the court and his attorney are saying he will have to serve 220 day. We have a different attorney for the 2nd charges charges. Both crimes were committed while he was drinking. The first attorney is not asking for less.

Answer

His attorney(s) would be the best person to ask these questions to. The assault on a peace officer is a felony case, with a minimum jail sentence of 2 years in prison, so I wouldn’t worry about the revocation on the misdemeanor. He should really try to fight the felony, or see if it can be reduced, if possible. This is all dependent, however, on the facts of the case. The State has the burden of proof, but if the evidence is present that will probably lead to his guilt, you don’t have much to argue with. Intoxication is not a defense for one’s actions.