Legal Question in Criminal Law in Texas

Assault

I was involved in a physical altercation with the man who lives below me. He had his music too loud and I stomped on the ground. He went outside came upstairs and knocked at my door. He was very irrate and threatened my with physical violence. We shared comments and things became heated. He stepped into my APT in got in my face without me inviting him him. I pushed him out and a physical battle began. I never struck him only grabbed him too keep him from hitting me. Eventually he gave up and retreated back down to his APT. He called the police and is going to file assault charges against me. I was wondering what, if any, law there is regarding this man entering my house without my consent. And if there is any way for his case to be thrown out or a counter suite filed against him for knocking on my door with intent to bring me physical harm. Please feel free to be as specific as possible.

Thank you


Asked on 4/13/04, 12:15 am

1 Answer from Attorneys
James R Matthews J R Matthews & Associates LLC

Re: Assault

It depends. (Sorry to give you such a typical lawyer's answer.) It doesn't sound like his complaint rises to the level of a felony. It also sounds like he has a very weak case. You may want to report the incident to the police and let them take a report from you so that they have a complete picture of the situation. As far as a civil suit, the problem with civil suits in situations like you described is that there are almost no damages that a Court would recognize. So you would be wasting your money hiring a lawyer to sue your nieghbor. Maybe a visit from a police officer asking him questions after you file a complaint will prevent him from bothering you further...until then...you might want to avoid any more confrontations. Next time his music is too loud, call the manager, or if it's after hours call the police.

Hope this info helps.

Sincerely,

James R. ("Jim") Matthews, Esquire

Office: 940-433-3956

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Answered on 4/13/04, 6:19 pm


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