Assault & Battery Can you be charged for assault with no evidence?

Spew

New Member
My cousins jumped my brothers gf today and she called the cops and pressed charges on them. She is not badly hurt, only has a small scratch on her, so can she press charges on them if that is all she has for evidence? Also, will people who were there be forced to testify, or can they refuse? If they are found guilty, what punishments can they face? Not sure if age is relevant, but cousins are 19 and 21 and the gf is 18.
 
My cousins jumped my brothers gf today and she called the cops and pressed charges on them. She is not badly hurt, only has a small scratch on her, so can she press charges on them if that is all she has for evidence? Also, will people who were there be forced to testify, or can they refuse? If they are found guilty, what punishments can they face? Not sure if age is relevant, but cousins are 19 and 21 and the gf is 18.

No one should put their hands on any other person, unless the person wants to be touched.
The woman reported the unwanted contact to the police.
The police make arrests, and charge people with crimes.
The prosecutor or the district attorney presses charges on behalf of the State of Texas.

If anyone is arrested, he or she should cooperate with the arrest, admit to nothing, confess to nothing, decline to discuss any aspect of the case, and request a lawyer.

Most simple battery cases, if convicted, will usually get a person a fine, probation, and a requirement to take an anger management class (sometimes).
Usually, jail isn't on the table, unless the victim was hurt badly, hospitalized, or the perpetrator is constantly in trouble.
Now RUNTELLDISS to your home boys, don't hit women, keep their hairy paws to themselves, and avoid violence.
If they persist, they'll make heap, big,m bad trouble for themselves.
 
One cousin has a misdemeanor for shoplifting, so does that affect her punishment?

Probably not, if things as are you say. A small dust off, naughty words, pushing, shoving, scratching, hair pulling, cursing, if convicted, ordered to stay away from the victim, some hefty fines (how much? It'll sting), probation, community service (usually picking up trash along the roadside), stay outta trouble, it's over.
 
I would get your homeboys to try to make restitution to the girlfriend and beg forgiveness. I find it hard to believe any jury is going to let them off for 'jumping' her.
 
We have no idea what will happen as we don't have any facts of the case. "Jumped" sounds much more serious than "only a small scratch" and I have no idea what the police witnessed after arriving as a result of a call. Given their age and the potential for serious trouble, it's time to consider a criminal attorney or the public defender to determine whether this is an incident that requires something severe or can be moved on since it is as you say, just a very minor scratch and more of a minor tussle. But the term you used implies that this might not be so minor. We don't know what crimes the defendants are being charged with but I'm guessing this wasn't just a minor incident. This will probably cost your cousins, at least some significant costs. Foolish act, best disposition being true remorse and a sincere apology (if at all possible and probably at a distance, e.g. to the brother/boyfriend) and not feeling vengeful against the victim.
 
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