Assault Charges?

[Scott5660]

I live in Houston Texas and my friend who is a girl and I were at a bar. She got a marker and painted on my neck so I got one and tried to get her and we ended up rough housing being stupid. She went to the bar area and I quickly marked on her face and chest/neck area as she tried to push me away. She became angry and marked on me again... however she went outside and told her friend I took it too far and was attacking her and being rough... Other people at our table thought it was just a game too but she just over reacted, even if she is the one that initiated this. Outside she told her friend she would have assault charges brought against me. Is this something the police would even consider? Not like there was any injury other than 2 people being stupid and painting on each other. I guess some people can dish out jokes but cant take them.

 

[FlyingRon]

Texas Penal Code 22.01(a)

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.​

 

[tranquility]

Most fights end up not being prosecuted. Not only because it wastes the taxpayer's dollars, but also because "victims" tend to withdraw charges when they realize they are subject to the exact same charges. (Not withdraw charges, but cooperation and testimony. The state hates prosecuting minor crimes with a recalcitrant witness/victim.) I wouldn't worry about it too much, but if contacted by the police you have a problem. Failing to tell your side of the story then will tend to eliminate any real possibility of charges against the other party. But, telling your side of the story is pretty much admitting to the crime.

Since the state is the one to charge or not, I'd remain silent if it ever gets to that.

Out of curiosity, have you ever slept or lived with her?

 

[Scott5660]

Texas Penal Code 22.01(a)

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.​

I just talked to a police officer friend of mine and he told me that because we were both playing around with markers being stupid so texas apparently has a consent to assault law when two people know what they are doing:

22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. The
victim's effective consent or the actor's reasonable belief that
the victim consented to the actor's conduct is a defense to
prosecution under Section 22.01 (Assault), 22.02 (Aggravated
Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious
bodily injury;

 

[FlyingRon]

Ahh, the "'No' means give her another drink" defense.

 

[tranquility]

I was going to post that, but, a defense must be claimed in court. Besides, exceeding "consent" invalidates the consent. (And, if the answer to my prior question is yes, there are special penalties for family violence.)

 

[Scott5660]

I was going to post that, but, a defense must be claimed in court. Besides, exceeding "consent" invalidates the consent. (And, if the answer to my prior question is yes, there are special penalties for family violence.)

Thanks for replying guys. No, we have never slept or lived together we simply went to school together. It was one of those things where you just start being stupid marking each other with markers and it gets out of hand. Like I said all the other people with us just thought she was over reacting.