What is the name of your state? TX
A few blocks from my house, my wife called to inform me that a cement truck was blocking the road, and that one of the workers yelled at her and threatened her with a hammer when she asked to have the truck moved. She said she was blocked in such a way she could not back up. She also said she tried calling police but was disconnected. My mother was also with her and saw everything that happened.
I dutifully responded with a .45 pistol tucked under my shirt (I also have a CHL). My wife pointed the worker out to me. He no longer had the hammer. After I queried the worker about the threat, he became verbally abusive, without denying the threat. After I'd heard enough, I drew the gun and told him that if ever threatened my wife again, I would "blow his f***ing head off!"
He backed up and I re-holstered the gun.
I am now under indictment for aggravated assault with a deadly weapon, a felony 2 in Texas. The cement worker was never charged for his crime.
Since the gun was drawn as a warning, without attempting any bodily harm or in connection with any other crime, I feel the charge should be reduced to something like a misdemeanor "deadly conduct", a.k.a. "brandishing" in many other states. This would at least make the charge more like the federal sentencing guidelines. The way negotiations are going now, I will *probably* get deferred adjudication with a lengthy probation. Is my attorney underperforming by not negotiating a misdemeanor?
A few blocks from my house, my wife called to inform me that a cement truck was blocking the road, and that one of the workers yelled at her and threatened her with a hammer when she asked to have the truck moved. She said she was blocked in such a way she could not back up. She also said she tried calling police but was disconnected. My mother was also with her and saw everything that happened.
I dutifully responded with a .45 pistol tucked under my shirt (I also have a CHL). My wife pointed the worker out to me. He no longer had the hammer. After I queried the worker about the threat, he became verbally abusive, without denying the threat. After I'd heard enough, I drew the gun and told him that if ever threatened my wife again, I would "blow his f***ing head off!"
He backed up and I re-holstered the gun.
I am now under indictment for aggravated assault with a deadly weapon, a felony 2 in Texas. The cement worker was never charged for his crime.
Since the gun was drawn as a warning, without attempting any bodily harm or in connection with any other crime, I feel the charge should be reduced to something like a misdemeanor "deadly conduct", a.k.a. "brandishing" in many other states. This would at least make the charge more like the federal sentencing guidelines. The way negotiations are going now, I will *probably* get deferred adjudication with a lengthy probation. Is my attorney underperforming by not negotiating a misdemeanor?