Legal Question in Criminal Law in Texas
Assault charges, for being hit?
There was a situation at my residence involving my girlfriend and I, but I was the victim & I called the police. I firmly placed my hand on her shoulder to ask what she had just said and she turned around and belted me in the eye, and began to attack me. I grabbed both of her hands and swept her legs from under her causing her to fall. She ended up going to a neighbor of mine ,who has brandished a weapon at me before, at that point I left to avoid complications with him & re-called 911 to inform them I was on my way to the station by the time I got there the police arrived at my house and she presented herself as the victim. She called me on my cell phone and warned me that the officers said they were going to arrest me, I did not want to be arrested so I left the police station, she did not file charges & we still are friends. It occurred on 6/15/01 and I received the ticket via mail on 6/29/01. I have pictures that show the lump she put on my eye in the altercation. Should/can I file charges against her now, or have her go to court on my behalf? I have requested a court date and plead not guilty, how can I beat the charges?
1 Answer from Attorneys
Re: Assault charges, for being hit?
The long and short of this is that it depends on where you live. If you live in Austin you and your girlfreind will have a tough time, other places you may fare better. You and your girlfreind both need lawyers, you to defend your self and she to have some one assert her fifth amendment right not to incriminate your herself. While this may seem odd, anything she says may be used against her but if her lawyers tells them the whole story they have no evidence other than what you or the witnesses have to say.
If this is in the Austin to San Antonio area plea let me know if I can help.
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