Assault & Battery assault by contact

[kayslost]

My husband hit me in the face and I fought back. He waited for more than two hours, then he called the police. Weeks later I received a ticket for assault by contact. I can't afford an attorney. I can't find a job. Am I going to jail?

 

[army judge]

My husband hit me in the face and I fought back. He waited for more than two hours, then he called the police. Weeks later I received a ticket for assault by contact. I can't afford an attorney. I can't find a job. Am I going to jail?

Relax, jail is a possibility, but VERY unlikely.

But, jail is the least of your long term worries.

Read on and get informed, OP.

You simply need to appear where and when you are directed.
Assault by contact is a class C misdemeanor, the lowest level of criminal offense in Texas.
When you arrive the bailiff will instruct you as to what to do during the time court is in session.
When your name is called, rise and head to where you were told to stand.
Address the judge as YOUR HONOR or SIR or MA'AM when spoken to by the court, all others simply SIR or MA'AM.
Plead NOT guilty, and ask if the court will appoint a lawyer to represent you.

If the court honors yoru request, it depends on many things.
The most important is your current financial situation.
Some judges will accept your representation of your finances, and others want PROOF.
You'll only know when you appear and ask.

Stay away from your accuser, even IF your accuser tries to make nice.
In fact, have NO CONTACT with your accuser.

Stay out of other trouble, listen to your lawyer, and see what happens.

The problem with pleading GUILTY (or making a deal) in this type of case is the impact that an "assault" conviction will have on your criminal record.

These days with many organizations running criminal background checks on all serious job applicants, plus many employers are also doing concurrent checks on existing employees.

Many employers are reluctant to hire or promote employees seen as having anger management issues or a "history of domestic violence" or "violent assaults".

An assault conviction or plea that includes a "domestic violence" accusation has additional consequences including losing the right to possess a firearm, problems getting a state-issued professional license, and serious immigration issues for non-citizens.

You can be charged with family violence assault against someone that is not in what you might consider family.