TexasCHLforum.com

Steelfire wrote:It was amended to a Assault and Battery Virginia Code 18.2-57 Misdemeanor

What was the maximum possible penalty for this offense? If it was over 1 year in jail, then this would be considered a felony in Texas, even if it is a misdemeanor in Virginia. Since it would come under Title 5 of the Texas Penalty, it would be a lifetime bar, IF it was a deferred adjudication. However, if the case was truly dismissed, then you are eligible. The problem is that you had to enter a nolo contendre plea and in Texas, that's the same as a guilty plea in terms of a "conviction" and a deferred adjudication.

Chas.

Here is a snapshot of the county record.



screen shots


I guess I was under the impression I was under deferred adjudication until 150h then the charges where dismissed.

here is a web link to the Virginia law:

http://leg1.state.va.us/cgi-bin/legp504 ... od+18.2-57" onclick="window.open(this.href);return false;

doesnt disposition date count for the "clock" of the 5 years?
if so, then it wont be 5 years until end of this year... right?

To the link above:

the plea was Nolo Contendre to 18.2-57(A) but I did not serve confinement.


Reading my plea agreement under the section "Sentence" it states "Deferred".

To: Mr. Charles L. Cotton
If you are still practicing I will be happy to visit with you to go over the details of this.

Steelfire wrote:Here is a snapshot of the county record.


[ Image ]
screen shots


I guess I was under the impression I was under deferred adjudication until 150h then the charges where dismissed.

here is a web link to the Virginia law:

http://leg1.state.va.us/cgi-bin/legp504 ... od+18.2-57" onclick="window.open(this.href);return false;

That time chart doesn't determine if Texas would consider it a successfully completed deferred adjudication, or if the entire case was dismissed and set aside. Equally important is the website you lined does not give the maximum potential sentence, only minimum sentences. If the maximum possible sentence was over 1 year Texas will consider it a felony. That makes the determination of whether you have a successfully completed deferred adjudication or a truly dismissed case outcome determinative.

Chas.

Tex. Gov't Code 411.172(b) wrote:(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

• (1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
  
  • (A) is designated by a law of this state as a felony;
    
    (B) contains all the elements of an offense designated by a law of this state as a felony; or
    
    (C) is punishable by confinement for one year or more in a penitentiary; and
  (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:

• (1) is not designated by a law of this state as a felony; and
  
  (2) does not contain all the elements of any offense designated by a law of this state as a felony.

From a little looking around it looks like the max is 12 months.

Im still checking to find an official source

Edit:

So It looks like the max for that charge is 1 year. So the real question is what does it mean to be "Truly Dismissed". The county record states dismissed (screenshot above), when I called county records in Virginia they tell me it shows as dismissed. How do I figure this out?

This Virginia website shows the sentence as 0-12 months.

18.2-57(A) Simple assault, assault and battery ASL-1313-M1 0-12M

http://www.vcsc.virginia.gov/VCCs/2012/2012VCC_Book.pdf" onclick="window.open(this.href);return false;

Steelfire wrote:From a little looking around it looks like the max is 12 months.

Im still checking to find an official source

Edit:

So It looks like the max for that charge is 1 year. So the real question is what does it mean to be "Truly Dismissed". The county record states dismissed (screenshot above), when I called county records in Virginia they tell me it shows as dismissed. How do I figure this out?

IMO dismissed means that the case has been adjudicated, not that the actual charges were dismissed.

If the charges were "truly dismissed" that would have been prior to your nolo contendre [guilty] plea and sentencing.

In other words, you have been convicted of a crime.

I defer to Charles, as he is an attorney, and I am not.

After reading the agreement, The agreement does not state that the charges where to be dropped after 150 hours, but because that was a verbal agreement that they would be dropped as per request of the accuser the charges where then later dismissed as reflected on the county record previously posted. So this leads back to my question of how can i find out if this makes me eligible or not.

Should i just pay the application fee and apply through the DPS website?

Charles L. Cotton wrote:

Steelfire wrote:It was amended to a Assault and Battery Virginia Code 18.2-57 Misdemeanor

What was the maximum possible penalty for this offense?

Looks like he is OK. It is listed as a Class 1 Misdemeanor in VA:

http://leg1.state.va.us/cgi-bin/legp504 ... od+18.2-11

§ 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

If its a misdemeanor, wait 5 years after your disposition date.

WildBill wrote:

Steelfire wrote:From a little looking around it looks like the max is 12 months.

Im still checking to find an official source

Edit:

So It looks like the max for that charge is 1 year. So the real question is what does it mean to be "Truly Dismissed". The county record states dismissed (screenshot above), when I called county records in Virginia they tell me it shows as dismissed. How do I figure this out?

IMO dismissed means that the case has been adjudicated, not that the actual charges were dismissed.

If the charges were "truly dismissed" that would have been prior to your nolo contendre [guilty] plea and sentencing.

In other words, you have been convicted of a crime.

I defer to Charles, as he is an attorney, and I am not.

And Mr. Cotton has forgot more about these situations than most of us has ever known concerning our CHL laws.

cw3van wrote:

WildBill wrote:

Steelfire wrote:From a little looking around it looks like the max is 12 months.

Im still checking to find an official source

Edit:

So It looks like the max for that charge is 1 year. So the real question is what does it mean to be "Truly Dismissed". The county record states dismissed (screenshot above), when I called county records in Virginia they tell me it shows as dismissed. How do I figure this out?

IMO dismissed means that the case has been adjudicated, not that the actual charges were dismissed.

If the charges were "truly dismissed" that would have been prior to your nolo contendre [guilty] plea and sentencing.

In other words, you have been convicted of a crime.

I defer to Charles, as he is an attorney, and I am not.

And Mr. Cotton has forgot more about these situations than most of us has ever known concerning our CHL laws.

Mr. Cotton never forgets.

Thank you for all the responses. I did get to speak to Mr. Cotton via phone and it sounds like I should be ok to get my CHL.

I'm still open to anymore weigh in if anyone believes differently.

Steelfire wrote:Thank you for all the responses. I did get to speak to Mr. Cotton via phone and it sounds like I should be ok to get my CHL.

I'm still open to anymore weigh in if anyone believes differently.

I would be willing to bet that anyone who believes differently than Mr. Cotton on such a subject would be wrong. If he says your good to go you have nothing to worry about.