Ftessler wrote:I also believe that Texas considers the continuation with out a finding a deferred adjudication, but it was not a felony. Does that make a difference?
Well, the more that I think about it... the worse that it gets.
It does make a difference. Felony deferred for assault (title 5 of the Penal Code) would be permanently disqualifying unless it was later vacated, set aside, Etc.
If it was a misdemeanor that was deferred, then you are instantly eligible once dismissed.
BTW, we used to play "air not-so soft" with spring loaded BB pistols back in the day too. Kids these days have no idea how good they have it.
What really matters most is how Texas law would classify the crime that you were charged with. Under CHL eligibility law, here is how it works:
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(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
If the actual text of the charge on your court documents says "Assault and battery with a dangerous weapon" then the background investigators could look at that as containing all of the elements of the Texas definition of aggravated assault under (a)(2):
Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree.
It would easy for a background investigator to see the words "Dangerous weapon" in your charge and directly correlate it to the "Deadly weapon" wording in Texas law.
By the way...
"(17) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B)
anything that in the manner of its use or intended use is capable of causing death or serious bodily injury."
Oh, by the way... "Seriously bodily injury" is:
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
So... the very idea of "you'll shoot your eye out" with a BB gun - meaning the intended use of a BB gun is to shoot little pieces of metal, and the chances of something like the "loss or impairment of an organ" such as your eyeball - could possibly make it fit one definition of a "deadly weapon" according Texas law.
If I were you, I would either call attention to any statements in your case report to the fact that it was a BB gun and that it was what could be defined as "youthful horseplay", not you attacking and shooting another person out of anger or violence. If there is no such statement in the docs, I would write a letter explaining the situation. Do not place blame on the kid with the state trooper daddy... take responsibility, just reiterate the fact that a group of boys were mutually and consensually playing this "game" back before airsoft was popular in the US and that there were no problems until daddy raised a stink about it. Make it sound like you now understand how serious that it could have turned out while simultaneously making it known that you did not chase some kid down with a BB gun and attack him. I mean... Texans "Assault" each other daily with airsoft and paint ball, but because we consent to the activity, then it is all OK.
That might make the difference to a person reviewing your case... or it might not, but it cannot hurt you to write a letter of explanation and include it with the court docs.
