Legal Question in Criminal Law in Texas

Offensive or provocative physical contact on a kid

I know a kid he is a mess, he did threw a bottle under my car. I told him to pick it up, he used F word and talked dirty, then i grabbed him by hand and told him to pick it up (and here is a witness that she claims i was offensive, but i wasnt) well he told his mom and she called the police.

My question is, if i go to court do i have any chances to prove that i am not guilty? The thing is that there is that witness. But honestly i had no intention to be mean or harm him.

the ticket is 500$.

Any help please?

Additional information

Another question:

This is a class C, if i will pay the ticket, it will go on my criminal record?

will be a problem in the future? like getting a job or anything.

Also for how long it will be on my record?


Asked on 10/12/13, 4:03 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You are charged with class C assault - touching someone when you knew it would be taken as offensive. If you pay it, it will be on your "record", although if you were not fingerprinted, that record is limited to the court in which the case is pending (for now. I believe in the future all those records will probably become public via companies that pay to access court records and post them on the internet.)

The question is whether a jury would find that your conduct was appropriate in response to his. In general, people are tired of kids who are punks so if you get that kind of jury, they are likely to go with you.

You could get a deferred disposition which would mean a reset with conditions (kind of like probation) but at the end of the term if you have not violated, the case is dismissed (and you can later file a lawsuit in civil district court to expunge - erase - the case off your record permanently.)

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Answered on 10/13/13, 11:24 am


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