BOY ASSAULTS MOTHER WITH HAMMER

The Martinez Law Firm, led by Houston attorney Herman Martinez — a board-certified DWI defense attorney specialist and former Harris County Chief Prosecutor — has defended thousands of clients across Texas.

While most children are well-behaved at an early age, a Corpus Christi youth has received charges for beating his mother. According to an article by the Associated Press, the boy used a hammer to repeatedly injure his mother. The 13-year-old boy has been charged with aggravated assault with a deadly weapon and domestic violence defense. The article stated that he remains in
juvenile custody and that the mother suffered head, arm, and facial injuries. Officials say that the incident happened when the boy and this mother got into an accident. The boy apparently fled the scene but later returned and hid under the bed with a hammer. There has been nothing forthcoming about the nature of their argument.

The article and the reports were unclear of whether the boy was charged as an adult or a juvenile. In past cases, it is usually understood that a juvenile may be tried as an adult if he or she is 14 or older when committing certain crimes. Because the boy in the above situation is only 13-years-old it is likely he will be tried as a juvenile. His crime can still carry significant penalties due to determinate sentencing. This can drastically change the way a penalty is handled. Aggravated assault is one of the crimes that can be acted upon with determinate sentencing. The juvenile can be committed to the Texas Youth Commission with a possible transfer to the Texas Department of Criminal Justice for up to 40 years.

The boy’s charges are considered under state adult law as a felony of the first degree. There are obviously many conditions to consider when your child has been convicted of a crime. It can be quite a stressful experience especially if significant harm was done. We strongly recommend you to contact an attorney in this situation. The legal team at the Martinez Law Firm can help you and your child reviews the charges to determine the best course of action.

About the author

Herman Martinez

August 14, 2012

Last Update August 14, 2012

Attorney Herman Martinez is a former Chief Prosecutor and judge in Harris County with over 25 years of experiencing helping people clear their names in criminal cases.