QUESTION
How to drop a Class A misdemeanor Assault with bodily injury to a family member?
Asked on Jan 05th, 2014 on Criminal Law - Texas
More details to this question:
During an argument with my wife the police responded to a 911 call from a neighbor to our apartment. I had several lacerations to my face, ears, and hands. Since my wife didn't have any physical injuries that were visible to them they arrested her, I asked them to arrest me instead and I started the fight and she needed to be with the kids. I refused to take pictures of my injuries and also refused to write any statement against her, I have a 4 hour class at SafeHaven in a week that I was told will help her case. Since there isn't any proof against her except what we both explained the situation separately and they didn't match, and I had admitted that I was drinking and I was still intoxicated at the time of their questioning and had my last drink less than 30 minutes before the police arrived. So is there a case against her, other than my explanation to the police?
1 ANSWER
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If the DA has accepted charges against her, there will be a case against her until there's not. What happens from here depends in large part upon the County in which the charges were filed. At some point the DA's office will contact you to ask about what happened. After that call they may indeed decide to drop the charges. However, if the case is in a bigger County, like Harris County, your statement may simply result in the case being transferred to another group, whose job is to prosecute cases in which the victime (in this case you) has recanted (said it didn't happen or refused to aid the DA's with prosecuting). IF that happens, my suggestion is that you guys hire a good defense attorney who can aggressively pursue a dismissal, or, in the event they refuse to dismiss it, can try the case to a jury and prove your wife's innocence.
Your initial assessment is fairly accurate; they don't have a lot of evidence against your wife. But, that certainly hasn't stopped DA's from prosecuting cases in many other circumstances. So, hope for the best, but be prepared for the worst, is my advice.
Answered on Jan 06th, 2014 at 12:17 PM