assult charges

[Christine123]

texas

is there anyway to have an assult case dismissed-my ex and i had those charges placed against us for fighting with eachother, and we'd both like them dropped...is it possible

 

[JETX]

Assuming you mean domestic assault charges, no, you do not have the option of dismissing them. The state can decide to bring the charges to trial.... or not.

 

[Christine123]

assult reply to reply

Thanks for the reply! The charges are: assult w/bodily injury to a family member. We are going to trial, but our court date has not been set. Niether of us have ever been in trouble...you don't think our lawyers (I don't have one yet) could get the charges dismissed? My ex and I will prob. get back together-eventually after counceling...will this mean nothing to the judge?

 

[JETX]

"you don't think our lawyers (I don't have one yet) could get the charges dismissed?"
*** I doubt the charges will be dismissed. Originally, domestic abuse cases were handled by officers as 'personal disputes' and it was very common for officers to cool things off at the scene and not to arrest anyone. This was partly due to the fact that the victim would refuse to testify, often saying it was a 'misunderstanding', or 'he really didn't mean it', etc. Due to the fact that these are very often repeated calls for the same reason, and that the abused were sometimes seriously injured or killed in other cases of domestic assault, most states changed their laws to remove the option of 'no charges' in these cases. In fact, now when their is sufficient evidence to show that there is a victim, the officers are REQUIRED to arrest the subject. And the state (officers) are now the complainant (and not the victim). This was done for the future safety of the victims.
That is why you simply can't request that the charges be dropped.

"will this mean nothing to the judge?"
*** No, it might mean considerable to the court, in fact the court will likely order one or both of you to anger management or some other counselling. But that will only come as part of the punishment phase of the trial (after conviction).

 

[Christine123]

Thanks again for your reply. Just one more question...w/this being my first offense, what's likely to be the punishment? What's the possibility that I'll face jail time?

 

[JETX]

If this is your first offense, I doubt that you will get any 'jail time'.

As for possible punishment:
Texas Penal Code
"§ 22.01. Assault
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(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.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:
(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(2) a member of the defendant's family or household, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense against a member of the defendant's family or household under this section.
(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that an offense under Subsection (a)(3) is a Class A misdemeanor if the offense was committed against an elderly individual or disabled individual, as those terms are defined by Section 22.04.
(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant."
Source: http://www.capitol.state.tx.us/statutes/pe/pe0002200toc.html

So, based on the above, this would likely be a Class A misdemeanor.
"§ 12.21. Class A Misdemeanor
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement."

 

[Christine123]

I do have another question. Is it possible to get the charges reduced and if so, what lesser charge could it be?

 

[JETX]

"Is it possible to get the charges reduced"
*** Yes, the charges could be reduced. This would require the approval of the DA's office.

"and if so, what lesser charge could it be?"
*** There is no way that anyone can answer that... since we don't have access to all the facts. Suffice to say that it is even possible that the charges could be dismissed entirely..... but that would again require approval of the DA's office.