QUESTION
Possible Outcome For a First Time Offender With a Misdemeanor Class A?
Asked on Apr 30th, 2014 on Criminal Law - Texas
More details to this question:
First of all I would like to say that I have no criminal history/record whatsoever (only three speeding tickets). I was charged with assault and bodily injury against my wife (she did not press the charges). All that happened is that I was throwing an empty sippy cup at her and then she shoved me, as well as me shoving her right after (not ever seen by any police officer). She was the first person that wanted to bail me out of jail and even signed the papers. She did also not want or ask for the temporary restraining order - she even wants to get it lifted. I of course follow the restraining order's restrictions. The county I was arrested in is known to be stricter than other counties around here. My wife is upset in what this has involved into and was telling me that she is 100% on my side and will tell the judge that all it was is pushing (which it was).
1 ANSWER
Assault Attorney serving Richardson, TX
2 Awards
In Texas, the State presses the charge, not the original complainant. Once it is filed, in most counties, the D.A. will not dismiss on the request of the complainant (States witness). An assault with family violence is a serious charge the carries lifetime disabilities and if there is a finding of guilt or a probation of any kind it will stay with you till you die.
There are several ways to avoid a conviction in many cases and you should investigate with your lawyer to find the best answer. Some of the problems that are created by a plea to a family violence offense are that you can never own or carry or use a gun and the fact that you have had the case will make even the lowest assault offense into a serious one that will be prosecuted vigorously. There are other effects that are bad.
I hope this helps. Call to let me know if you need legal help in the Dallas-Tarrant-Collin or Denton area.
Answered on Apr 30th, 2014 at 3:40 PM