Assault by threat citation within a city

J

jvan4734

New Member
Jurisdiction
Texas
I have some questions about the process, expungement, dismissal etc. I was driving through a grocery store parking lot and a man became upset when I passed him ( later saying I was trying to run him over, which is absurd). I went to park and noticed he was coming from the front of the store, as he was entering prior, directly at my and my vehicle where my 13 year old son was as well. As I exited I noticed him very upset, I was afraid, so I pulled out my knife to protect myself and he started shouting and questioning why I was trying to "run him over" and "wish I would" stab him. All the while I never said anything to him besides "I am always considerate of people walking through the parking lot". He kept advancing on me and I was worried about turning my back or trying to get into my vehicle so I just stood my ground. His wife approached and called the police and got him to back off. I was then able to get into my car and leave. As I left I was stopped and taken to jail for the night but released with a citation for Assault by threat and a court date set. Is it possible to get this dismissed? Is it possible if convicted to get this expunged? What is by best option?
 
The time to worry about saving your record passed when you pulled the knife.

When a jackball yells at you, call "911".

You wanted to go all macho, and you bought yourself a heap of trouble.

Records do get expunged, but don't deceive yourself.

Expungement is a feel good move, and another money maker for the states.

The best you can hope for is to get the charge reduced to a disorderly conduct,or a disturbing the peace beef.

Plead not guilty, say nothing except to ask the court if you qualify for a public defender.
 
army judge said:
The time to worry about saving your record passed when you pulled the knife.

When a jackball yells at you, call "911".

You wanted to go all macho, and you bought yourself a heap of trouble.

Records do get expunged, but don't deceive yourself.

Expungement is a feel good move, and another money maker for the states.

The best you can hope for is to get the charge reduced to a disorderly conduct,or a disturbing the peace beef.

Plead not guilty, say nothing except to ask the court if you qualify for a public defender.
Click to expand...
Ok. So expungement is not going to keep it from my record? What do I tell the public defender?
 
jvan4734 said:
Well, I don't. So, I'll ask again. How do they figure if you can hire your own attorney?
Click to expand...




How does a criminal defendant get a court appointed lawyer?

Back in 1963, the United States Supreme Court said in Gideon v. Wainwright that a person accused of a crime who faces possible jail or prison time is entitled to have an attorney appointed if that person is indigent.

A criminal defendant doesn't have the right to interview various attorneys and tell the judge which lawyer to appoint.

The right to have a lawyer appointed in certain circumstances the defendant must be "indigent".

Indigency is measured against figures derived from the federal poverty guidelines.

The courts in Tarrant County typically requires defendants asking for appointed lawyers to present documentation to the court (such as W-2s, paystubs, etc.), and then submit to an interview with a financial screener, who will go over that person's finances in detail.

In some cases, the court will simply inquire if the defendant can afford an attorney, while said defendant is under oath.

The court will often accept the defendant's representation as unable to afford a criminal defense attorney.

Once a defendant is ruled indigent (and think they just got a 'free' lawyer), some judges in Tarrant County routinely order defendants to reimburse the county for the fees paid to the attorneys the court assigned to those defendants. The reimbursement orders usually come once the case is settled, or a conviction has been achieved.

Such repayment orders don't happen, in most cases.

The order to repay the county is a condition of a defendant's bond: this means that if a defendant misses a payment, the judge may order the defendant back to jail. There really is no 'free ride.'

At any rate, if you can't afford an attorney, you should always request one. The court will decide.
 
In Texas, "Assault by Threat" can be committed if the alleged actor intentionally or knowingly threatened another person with imminent bodily injury.

The term "imminent bodily injury" means anything that causes pain, even if it does not leave a mark. The base level offense for Assault by Threat is a class C misdemeanor, the lowest level of criminal offense in Texas.

Unlike higher level assault charges, a person can not recklessly commit the offense of Assault By Threat.

To win a conviction for this crime, the prosecutor must prove, beyond a reasonable doubt, that the defendant was aware that his or her conduct was reasonably certain to cause the result.

That means at a minimum, the state must show you used some dangerous implement, maybe a weapon, to threaten the alleged victim by more than mere words.

Based upon your recitation of events, I don't see how the state can prove you brandished a knife, unless you've BLABBED on yourself.

If you have said NOTHING, this case would more than likely get kicked at or during trial.

The alleged victim wasn't stabbed, and it seems to be a he said versus a he said; discounting the guy's biased wife.

The good news for you is that the cops didn't break this up, and take an open knife out of your closed fist!!!!

In Tarrant County, I don't think such an offense qualifies for a court ordered lawyer.

No matter, because you could probably beat this charge by making the state PROVE you used a knife, and this was more than an argument with words and insults.

By the way, arguing isn't a crime, which is why the prosecutor might offer you a "disorderly", meaning the state can't prove the case.

Its also why the cops issued you a summons, and you weren't arrested on the spot.
Yes, they hauled you to jail to BOOK you, and released you.

That simple transport is suspect on its face, because peace officers in Texas can't arrest for a misdemeanor NOT committed in their presence.

The alleged victim couldn't cause you to be arrested, either, despite what happens in some larger cities.

You might do yourself well to see a lawyer and discuss the entire set of events that landed you in this hot kettle of soup.

By the way, get rid of that knife, and don't carry that stuff around with you ever!!!

You could have ended up facing a murder charge, with your temper.
 

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