Legal Question in Criminal Law in Texas

simple assault

I live in Texas. A student said I slapped the back of his head. Mother called district cops. no edvience was found to warrent a charge. The administration did not find any cause to warrent a reprimand. I am home on adninstrative leave with pay. the parent filed with JP court - violation:simple assault. I tapped the back of the students head to wake him up during a test. What are my chances of actually being charged.


Asked on 11/12/07, 12:34 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: simple assault

Suggest you get a copy of the police report. There are two kinds of assualt. Assault Bodily Injury which is a class A misdemeanor and the other kind which is a Class C misdemeanor punishable by a fine only. For Bodily Injury you must cause harm or pain. The Class C assualt only requires an unwanted touch which begs the question, How can a touch be unwanted if you are asleep?

In my opinion it is unlikely that you will be charged. However, the District Attorney will use the statements in the Police Report to determine whether to charge you. If you are charged, get a criminal defense attorney. A conviction might damage your career.

Read more
Answered on 11/12/07, 1:47 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas