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Explain charges and exposure to a client
Turns a charging document into something a frightened client can read twice: what the government must prove element by element, what the exposure actually is, what happens next, and every number left blank until you verify it.
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Mr. Alcántara:
This letter explains what you are charged with and what happens next. Read it twice. Write your questions in the margin and bring it Thursday. Do not discuss any of this on the jail phone. Those calls are recorded.
What you are charged with.
Count 1: The State says you used a deadly weapon and threatened or caused injury to another person (aggravated assault with a deadly weapon, Tex. Penal Code § 22.02(a)(2)).
Count 2: The State says you had a firearm and that you had a prior felony conviction that made it illegal for you to have one (§ 46.04(a)).
There is also an enhancement paragraph. That means the State is using your 2017 conviction to ask for a higher punishment range on Count 1.
What they have to prove: Count 1. These are the items the indictment itself alleges: that you acted intentionally, knowingly, or recklessly, and that you caused bodily injury or threatened someone with imminent bodily injury, and that you used or exhibited a deadly weapon while doing it. I am reading those off the charging paragraph, not from memory, and I will check each against the current text of the statute before we meet [CONFIRM ELEMENT - Tex. Penal Code § 22.02(a)(2)]. If the State fails on any one of them, Count 1 fails. All twelve jurors have to agree.
What they have to prove: Count 2. That you possessed a firearm, and that you had a prior felony conviction. There is a third item (a time window measured from a date in your earlier case) and I am not going to state it here, because I would be stating it from memory and that window is the part of this count most likely to be wrong [CONFIRM ELEMENT - Tex. Penal Code § 46.04(a); I will have the exact wording and how the window is measured before Thursday]. Same rule: any one fails, the count fails.
What the law allows. A second-degree felony carries 2 to 20 years and a fine of up to $10,000. With the 2017 enhancement, the State will argue the range moves to 5 to 99 years or life. I verified both of those against the current Penal Code on April 8. A deadly weapon finding also changes when you become eligible for parole. [LOOK UP: current Tex. Gov't Code parole eligibility with an affirmative deadly weapon finding].
What is realistically in play. I do not know yet, and I am not going to guess. What it depends on: whether the enhancement holds up, what the complaining witness says now versus what she said on March 30, and whether the firearm can be connected to you. I expect to be able to give you a real range after I have the full discovery file, which I have asked for and expect within three weeks.
Other things this could affect. You are a lawful permanent resident. A conviction on either count could affect your status, and I am not the person who should answer that question. I am bringing in immigration counsel and I will not agree to any plea language before they have reviewed it. Your HVAC license is a separate question with its own board process; I will find out what triggers a report. Your employer question I can help with on Thursday.
What happens next. Your next setting is May 6 at 9:00 a.m. in the 232nd. It is a status setting: nothing will be decided about guilt or punishment. I will be there. You do not need to prepare anything for it.
What I still don't know. Whether the State will offer anything. What the complaining witness will say. Whether the 2017 conviction is final and usable for enhancement. I have ordered the judgment.
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[LOOK UP before this goes out]: parole eligibility with a deadly weapon finding; whether § 46.04 has its own range in this posture; whether the 2017 judgment satisfies § 12.42.
[CONFIRM ELEMENT before this goes out]: the Count 1 element list against the current text of § 22.02(a)(2), and the § 46.04(a) time window and how it is measured. Neither goes to the client until it is checked against the code.
Assumptions I made. That Texas state sentencing governs and no federal exposure exists [verify]. That the enhancement paragraph refers to a final conviction [verify - I ordered the judgment]. That the counts as pasted are the operative charging instrument [safe]. That the Count 1 element list tracks the charging paragraph rather than my recollection of the statute [verify - marked in the letter].
Where this is weakest. "I expect to be able to give you a real range after I have the full discovery file" will be heard as a promise about timing you may not control. And the Count 1 element list flattens the difference between causing injury and threatening injury. Fine for a letter, but do not let him think the State has to prove an actual injury.
What only you can decide. Whether the 5-to-99 number goes in the letter at all. It is honest, it prevents the "you never told me" conversation, and it is what the State will say out loud on May 6, but he is in custody, he will read this alone, and that number is what he will carry for three weeks. The alternative is to state the 2-to-20 range now and deliver the enhancement in person Thursday, which keeps him functional but means he hears the worse number second and from you. Also yours: whether any immigration exposure goes in writing before specialist counsel has reviewed the charges.
What would make this materially better. (1) The 2017 judgment: it decides whether the enhancement number is real. (2) His exact date and category of admission for the immigration referral. (3) The complaining witness's March 30 statement. (4) Confirmation of the May 6 setting time.
Why this prompt is built the way it is
## Framework
1. **One sentence per count, then the elements.** Ordinary words, statute number in a parenthetical; the elements as a list joined by "and," so the client sees that failing one ends the count.
2. **Never supply a number or an element from memory.** Maximums, minimums, guideline ranges, fines, eligibility rules, and the elements themselves come from the lawyer's verified input or stay a labeled blank.
3. **Separate the ceiling from the forecast.** Say what the statute allows, then what is actually in play, and say plainly when that is not knowable yet.
4. **Collateral consequences and what happens next.** Immigration, a license, housing, or custody can matter more than the sentence (flag each for referral, never resolve it here), then the next court date and what the client does before it.
5. **No comfort and no catastrophe.** No predictions dressed as reassurance, and say what is unknown and when it will be known.