Legal Question in Constitutional Law in Texas

I started name calling a girl today.She gets up and starts getting me from the throat and is choking me. I push her with my elbow as a reaction of her choking me (this was as self defense; i didn't just go up to her and hit her). It turns out she is pregnant (which i did not know anything about this). Can they press charges on me for hitting her even though it was as self defense? Can they press charges on me for name calling? My principal was telling me she can but i want a layers advice. Thank You!


Asked on 10/15/13, 5:16 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

"Name-calling" is not a crime. But it might qualify as harassment, depending on what you said and in what context. Harassment is normally a civil matter.

If you are attacked, you can use reasonable force to defend yourself. What's reasonable will depend on the circumstances. If your attacker is pregnant and you know it, that can affect what would be reasonable. But if you don't know it and it isn't obvious, then it should be irrelevant.

The girl can complain about this to the police if she wants to. Her version of what happened will probably be different from yours. Whether the police or prosecutor will take any action will depend upon what they believe happened.

But even if the authorities take no action, she can still bring a civil case seeking money and/or a restraining order.

If the incident was as minor as you make it sound, my guess is that none of this will happen. But if it was more serious, then you may be in trouble.

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Answered on 10/15/13, 1:45 pm


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