Second Degree Felony Range of Punishment - Texas Penal Code
§ 12.33. SECOND DEGREE FELONY PUNISHMENT.
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Situation. A man begans to push his wife around. witness calls police. wife runs to kitchen, away from husband. grabs knifebut never advances towards the husband. Can it be assault with a deadly weapon, 2nd degree felony? There was no injury, and no intent to use the weapon as an offense but was grabbed in case the spouse in rage came back to her with more physical aggression?
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chris - August 4, 2009 11:26 PM
Situation. A man begans to push his wife around. witness calls police. wife runs to kitchen, away from husband. grabs knifebut never advances towards the husband. Can the woeman be charged assault with a deadly weapon, 2nd degree felony? There was no injury, and no intent to use the weapon as an offense but was grabbed in case the spouse in rage came back to her with more physical aggression?
A psychotherapist/psychologist convinces her patient that the patient’s physiological problems must have been caused by a sexual molestation/assault that happened in childhood. Through the process of elimination by the psychotherapist/psychologist and some “logical deductive reasoning” the psychotherapist/psychologist helps the patient decide that it was a member of the patient’s family.
Can this type of “evidence” be considered as valid and admissible in a court of law in Texas?
Addendum to above Question:
The alleged act of molestation/assault took place when the girl was approx 5 years of age and is now 24 years of age.