Legal Question in Criminal Law in Texas

Assault on a family member

During the month of August 2003, my fiance and I went out to celebrate my birthday. I did not do much drinking, but she did. Before we left, I asked the kids to pick up all the toys that was left outside and take it to the back. Anyway, nothing was done after we arrived home. So I went and woke everyone up and had them take everything to the back of the house. Everybody was mad that I woke them up, but the oldest one, I had a problem with. She claimed that I had hit her on her back and legs with my walking cane (I am disabled by the way and requires a cane).

So she went crying to her intoxicated mother and she suggested to the daughter that the police should be called. Charges were filed. I felt I didn't do anything, but once the police arrived, I was the one arrested. Later on the so called victim filed a victim interview form stating everything she said was untrue. The court appointed attorney suggested I go to trial and my date is approaching in less than 3 weeks. My question is what am I facing? God knows I don't want to go to jail and by the way, the victim was supoenead. So what are my chances or what am I facing?


Asked on 2/17/04, 4:01 pm

2 Answers from Attorneys
Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: Assault on a family member

The penalty for the charge will of course depend on the age of the child. It sounds as though you are dealing with the district attorneys office so I will assume it�s at least a Class A misdemeanor. The penalty could be $0 - $4000 and up to a year in jail or both. A probation offer would be up to two years probation or deferred adjudication plus a fine, court cost, community service and counseling.

If you are charged with injury to a child then you are looking at a state jail or third degree felony depending on the culpable mental state charged. State Jail Felonies carry a confinement of 180 day to 2 years in a state jail and an optional fine not to exceed $10,000, or punish as a class A misdemeanor under Tex. Penal code 12.44(a). Deferred adjudication can be up to 10 years with up to 90 days county jail as a condition. Or regular probation of initially 2 - 5 years extendable up to ten years.

If it�s a third degree then conviction can carry a sentence of 2 - 10 years in prison and a fine not to exceed $10,000. Or up to ten years deferred adjudication or 2 - 10 years regular probation either can have up to 180 days in the county jail as a condition. Of course any prior criminal history can increase these.

As far as your case it�s hard to say without speaking to all parties involved. Some facts to consider will be how each party will testify, any witness statements taken, pictures of the injuries alleged, credibility of the witnesses and what the victim and witnesses intend to testify to. It is still possible to get a conviction even if the victim and witnesses recant their initial statements.

There are a great many factors to consider which you should cover in detail with your attorney before deciding to go to trial or plea.

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Answered on 2/17/04, 4:47 pm
John Armstrong The Law Office of John W. Armstrong

Re: Assault on a family member

You need to talk to your attorney regarding your case because he is the only one who know's the facts of the case, and by now, should have investigated the facts enough to know what alternatives are still available before trial. Anything any of us tell you, would be speculation.

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Answered on 2/17/04, 6:11 pm


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