Legal Question in Criminal Law in Texas
Can i sue someone in small claims court if the person pled "no contest" to an "assault by contact charge"? If yes, what can I sue for? (in Texas).
Asked on 9/08/09, 12:03 pm
2 Answers from Attorneys
Robert Tuthill
Law Office of Robert H. Tuthill
you can sue people for almost anything. In this case, you would likely sue for the intentional tort of assault. You would have to prove up the assault though. By pleading no contest, that plea cannot be used as a judicial confession in civil court.
Answered on 9/13/09, 4:59 pm
Keith Engelke
Law Office of S. Keith Engelke
You can sue for assault. While it is true that you will have prove that you were assualted and cannot use a finding of guilt, you can use evidence in the criminal case, such as the police report and witness statements as evidence in the criminal case. Another thing to ask about is what the terms of the plea bargain were.
Answered on 9/14/09, 2:56 pm
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