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  1. #1
    Over Now is offline Junior Member
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    I was just arrested for assault w/bodily injury--TX

    What is the name of your state?
    Texas

    Please bear with the length of this---I have to set up the situation:
    Different from a majority of the posts here, I am a female was just arrested for assault w/bodily injury. My husband and I have been together for over seven years, married for two. We have always been extremely happy together and have never argued much at all---until recently.

    It came out a month ago (exactly one month ago today) that he has been having an emotional affair w/another woman in another state for five months. We decided to look at this as a wake up call and entered couples' counseling. We've done well with that, but we've not yet expressed any anger at the other over it..

    Until the other night. We finally both blew up at each other. This was the first argument we have EVER had like this. Yelling, screaming, cursing, crying---throwing objects around the room (but at this time, not physical contact). It just got worse and worse and escalated so quickly. Neither of us have ever had a real issue w/anger management and we both were losing it quickly.

    Anyway, more words were spoken and yes, I yelled back in his face. I am NOT happy or proud about it, but I did. He screamed back and I did grab his shirt collar. He turned to leave, I didn't let go, and that resulted in the shirt ripping at the collar. This left two smallish red marks on his neck (which had faded the next morning). That was the limit of the physical contact.

    The neighbors apparently called the police, but by the time they arrived, we had calmed down and were talking calmly about the situation. We both agreed that it was VERY unhealthy and that we had to look deeper at our relationship and see where it had stemmed from, etc. We had just changed clothes and were just about to go on to bed and sleep on it when the police arrived.

    And, they explained that if any bodily injury took place, one of us would be arrested. I stated that it had been a very loud, very verbal fight and that was the extent of it. We both said that everything was ok now, we'd had a stressful month and it had manifested into the argument. They saw the marks on his neck however, and within five minutes I was in cuffs and in the car.

    My husband included in his statement that he was upset I was arrested, thought it out of order and completely overblown. He stated that he did not want me in jail, would not press any charges (the police did explain that doesn't matter in this case--the state will be pressing charges). He included also that he was not afraid of me, did not consider me a threat in any way and that it was just a bad night that was being blown completely out of proportion.

    No Protection Order was signed. He went up to the jail and talked to them directly and said he wanted me out and that he didn't consider any assualt had taken place. We are still going through counseling and we both really want to take this low point and try and turn it around for us both.

    I was released on a Personal Bond and my bail was set at $750. We have a trial date set in a few weeks but have obtained an attorney who is going to present us with several options that she feels could help us get the case dismissed, which she said is a possibility for us, but certainly not a guarantee. This was my first offense---EVER. I haven't even had a parking ticket ever and my last speeding ticket was 10 years ago.

    My question, I guess, is mainly... does anyone know what sort of ramifications a Class A Misdemeaner holds? What kind of "record" will I now have? Can I expect much leniency from the court or is that hoping too much? I have never been in legal trouble before and I have to say that spending 26 hours in the county jail was the lowest, most degrading and most frightening time of my life.

    Thank you for any advice or suggestions.
    Last edited by Over Now; 07-31-2007 at 02:06 PM.
  2. #2
    moburkes is offline Senior Member
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    Um since a speeding ticket is an offense, this would be the 2nd time you've been caught.

    You need to get your anger in check. I can't imagine that you've completed counseling but haven't expressed your anger over the "emotional" affair, whatever that is.

    It will be on your record, just as the speeding ticket was on your record (and, still is, actually).
    My new signature:
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  3. #3
    Over Now is offline Junior Member
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    Ok

    Point well taken. I have had a speeding ticket and this has happened. Therefore, I am not blemish-free. However, taking defensive driving to remove the ticket was A LOT easier than what we are facing to minimze these damages.

    I am addressing the anger issues---as I stated above this is the FIRST time any such thing has happened like this between us. We were BOTH equally angry and neither of us expected it to end up like this. We were both frightened to see how angry we could be at each other since we've never been angry like this. I really don't think it is an on-going or terminal situation. I think we were both really stressed out and this, unfortuntely, happened.

    No, we still have a lot of counseling left to do. I didn't say I was finished with it; we've been addressing other issues and since anger to this degree had not yet come up, we've not addressed anger yet. We will be doing that now, believe me.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by Over Now View Post
    Point well taken. I have had a speeding ticket and this has happened. Therefore, I am not blemish-free. However, taking defensive driving to remove the ticket was A LOT easier than what we are facing to minimze these damages.

    I am addressing the anger issues---as I stated above this is the FIRST time any such thing has happened like this between us. We were BOTH equally angry and neither of us expected it to end up like this. We were both frightened to see how angry we could be at each other since we've never been angry like this. I really don't think it is an on-going or terminal situation. I think we were both really stressed out and this, unfortuntely, happened.

    No, we still have a lot of counseling left to do. I didn't say I was finished with it; we've been addressing other issues and since anger to this degree had not yet come up, we've not addressed anger yet. We will be doing that now, believe me.
    It sounds like you are doing all the right things and making all the right moves, not just for the legal situation but for your own mental health and the health of your marriage.

    I am a bit surprized that the police arrest anyone since the two of you were calm and talking when they arrived. However domestic violence situations are taken very seriously these days.

    Let this be a lesson for the future. Should the two of you ever become that angry at each other again, its better to take a time out and walk away.
  5. #5
    JustAPal00 is offline Senior Member
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    Wow, Texas is tough! I got a ticket for the same thing in PA, but like I said it was just a ticket. $300 fine, and I'm a guy!

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