Assault & Battery Class C Misdemeanor Assault?

[TXLeaseQuestion]

I received a ticket in the mail today for a class C misdemeanor (assault by contact) in Texas. Fort Worth to be exact.


I understand that the fine is a maximum of 500$, however as someone who works in a field associated with LE I do not want this on my record obviously.

What options are available here? Is it easier to request for deferred adjudication? If so how do I do so? Or plead not guilty, even though there is overwhelming evidence against myself. The individual did not however request for charges to be pressed, the officer forwarded it along to a detective who wrote the citation and mailed it to me.



Can Class Cs be expunged from ones' record? If so after how long?

 

[army judge]

Plead not guilty.

You are innocent until proven guilty.

There is no evidence against you, unless and until it has been admitted at trial.

Admit to nothing, say nothing about this to no one, except your attorney.

The officer did not witness anything.

If the other party says nothing, and agrees NOT to testify against you; this thing vaporizes.

Unless, you open your piehole and say things like, "There is overwhelming evidence against me!"

You are cloaked in the presumption of innocence.

Ain't America great?

What some uninformed novitiates to the criminal justice system call evidence, wise defense lawyers see as scurrilous accusations!

Are you seeing this clearer now?

For your sake, I hope so!

Peace officers in Texas must see misdemeanors committed in their presence.

No one did you any favors, yet!

They chose to file a complaint against you.

If the other party says the whole thing was a mistake, and nothing criminal took place; POOF, this thing gets kicked.

Because you are in LE, you might want to secure an attorney.

You can't have too much protection.

Remember, it is the state's job to prove the alkegations they lodge against you.

Don't hang yourself or cut your own throat!!!

If you aren't convicted, you need not fret about expunction!!!

 

[TXLeaseQuestion]

Hey Army, TY for the reply.

By overwhelming evidence, this misdemeanor is for threatening text messages between another individual and myself. I'm guessing that's what it's for. It might be for pushing. I'm not sure. Again, I received this citation in the mail. It just says, "Assault by contact." I know this citation was issued to me in response to a complaint that was filed against me. In the long run, I made a mistake and I just don't want this on my record. It would be a first offense. Not sure what the best way is to take care of this.

 

[army judge]

Hey Army, TY for the reply.

By overwhelming evidence, this misdemeanor is for threatening text messages between another individual and myself. I'm guessing that's what it's for. It might be for pushing. I'm not sure. Again, I received this citation in the mail. It just says, "Assault by contact." I know this citation was issued to me in response to a complaint that was filed against me. In the long run, I made a mistake and I just don't want this on my record. It would be a first offense. Not sure what the best way is to take care of this.

I always advise my clients to plead not guilty.

You have nothing to gain (nor are you required to) by pleading guilty.

If it is for contact, your assumption about pushing might apply.

Nevertheless, I'd plead not guilty and seek discovery.

That is but another of your rights.

Expunction is a last resort.

As I said, why rush to convict yourself?

If the other person isn't going to testify, they have no case.

Text messages, if they were sent, could have come from anywhere or anyone.

Text messages wouldn't be an element of an assault by contact, however!!!

Speak to a lawyer, and plead not guilty.

Time is on your side.

 

[TXLeaseQuestion]

Thank you once again,

Is there a way for me to see if I am being charged for either shoving or text message threats?

As I am not currently contracted I do not have access to my normal background/databases and have never gone through the channels as a civilian before.

 

[army judge]

Thank you once again,

Is there a way for me to see if I am being charged for either shoving or text message threats?

As I am not currently contracted I do not have access to my normal background/databases and have never gone through the channels as a civilian before.

You can contact the charging agency and ask them for more details about this incident. They might tell you.

The county attorney's office should also be able to provide you with more information on this matter.

When you enter your plea (not guilty), discovery starts and mist everything should be revealed to you.

 

[TXLeaseQuestion]

Thank you army,


Does the fact that its family violence add anything to potential charges or is it a class C misdemeanor no matter what with the maximum fine of 500 and no jail time.

 

[army judge]

Thank you army,


Does the fact that its family violence add anything to potential charges or is it a class C misdemeanor no matter what with the maximum fine of 500 and no jail time.

Oh, oh!

Yes, domestic violence always ups the ante. :yes:

You still have little to worry about, however, only if convicted.

It is the lowest misdemeanor in our state.

However, for LE personnel, it can be somewhat more troubling.

I don't think its that bad, though.

If it had been, it would have been charged as "assault with bodily injury, family member"!

Have you made the phone calls yet?

What have you been told?

You can go to the county court website (in most Texas counties0 and search for your case.

If it is a Class "C" misdemeanor, it'll be addressed by your county court.

In some cities, the muni court handles these things.

Was this Tarrant County or Ft. Worth city?

 

[TXLeaseQuestion]

This was fort worth which is within tarrant county.


I called a detective in the family violence unit, not the one responsible for the ticket unfortunately.

He stated that no matter how small the altercation is if ANY physical contact occurred a ticket is standardize shipped to whomever the appropriate recipient is and verified that it is a class C misdemeanor.

Also that 9/10 of these are thrown out on the day of the proceedings if the individual either recants their statement or does not show up.

The ticket only states assault, direct contact. It does not mention family violence at all. For violation codes it says 088 above 01.


Some more questions for you if you do not mind

So is this a domestic violence case or a simple assault case?

Will there be a prosecutor or simply a hearing before a judge as its such a minor offense?

Also should I request only a judge or a jury? I am worried that if I get a jury my appearance will greatly impact the proceedings. I'm a 250 pound bodybuilder, with all the anti steroid hysteria I have had friends convicted of petty crimes where they obviously did nothing according to the evidence simply because of their appearance. Not only that but I am covered in scars from work overseas. I just don't look friendly basically.

What is the typical price for a class c misdemeanor representation? I am going to meet with a few individuals tomorrow and monday.

You have been most helpful! Thank you.

Nothing up on the tarrant country court clerks website yet, searched case number and last name.

 

[army judge]

Yes, there will be a prosecutor and a judge.

You can request a jury trial.

Texas allows jury trials for most everything.

If your "alleged accuser" doesn't appear, this goes away, like the detective said.

You said the accuser is going to recant or not appear, so you might not need to retain a lawyer.

Here is what I would do.

When you appear, plead not guilty.

When asked if you have an attorney, answer that you are looking for one.

But, your money is tight and you want a court appointed one. (If, of course, that is true). It'll buy you some time.

The important thing is to plead, not guilty.

They might kick it, then and there.

Otherwise, they'll reschedule.

A lawyer for this kind of charge might cost $1,500 - $2,000.

I think they'll kick it.

Be patient and plead not guilty, do not rush this.

You must be patient, and hope the accuser doesn't show!!!!

 

[TXLeaseQuestion]

Thank you Army,



So is this considered a domestic violence charge? Or a standard assault charge?

Also as its a class C misdemeanor what I cannot figure out can I mail in my not guilty check mark box or do I have to get into the court to plead not guilty.

Shes not testifying against me, were still together and she thinks its absurd the officer essentially considered me trying to grab a pet as "shoving".

 

[army judge]

Thank you Army,



So is this considered a domestic violence charge? Or a standard assault charge?

Also as its a class C misdemeanor what I cannot figure out can I mail in my not guilty check mark box or do I have to get into the court to plead not guilty.

Shes not testifying against me, were still together and she thinks its absurd the officer essentially considered me trying to grab a pet as "shoving".

I'd appear and plead NOT guilty.

From what you say, they've ONLY charged you with a Class "C" misdemeanor.

If it were domestic violence, it would say something like ABI, assault bodily injury (family member).

just to be safe, I'd appear, plead NOt guilty, and if she doesn't show; this will most likely be "nolle prossed" or "dismissed" by the state.

Don't trust mail in, things sometimes "get lost" or "go missing"; then they default and charge with "failure to appear".

Then they MIGHT issue a bench warrant.

Follow through, hang tough, be patient.

The officer HAD to charge you, just in case "she" later came up missing or hurt.

 

[TXLeaseQuestion]

Thank you so much Army, I really appreciate you taking the time to lend a hand with this.


We are working things out and she went out drinking tonight with some friends, she sent me the following text message.


"If you don't carry my stuff up ill call and tell the cops you hit me"

We've obviously have immense relationship issues but right now I am am wondering, can I present anything like this when I plead not guilty to possibly have the charges thrown out?

Also can I request at the court house when I plead not guilty to have the charges thrown out or is that something that has to happen when the date is set?

Its funny as it seems that something such as a class C misdemeanor is more stressful to take care of than filling out paperwork for granting detention to a federal holding facility for turning over war criminals or cartel members.

The world makes no sense sometimes

 

[army judge]

Thank you so much Army, I really appreciate you taking the time to lend a hand with this.


We are working things out and she went out drinking tonight with some friends, she sent me the following text message.


"If you don't carry my stuff up ill call and tell the cops you hit me"

We've obviously have immense relationship issues but right now I am am wondering, can I present anything like this when I plead not guilty to possibly have the charges thrown out?

Also can I request at the court house when I plead not guilty to have the charges thrown out or is that something that has to happen when the date is set?

Its funny as it seems that something such as a class C misdemeanor is more stressful to take care of than filling out paperwork for granting detention to a federal holding facility for turning over war criminals or cartel members.

The world makes no sense sometimes

What she said, was bound to happen.

You should get a lawyer.

The power is shifting, in your relationship.

This might be headed in the wrong direction for both of you.

You need to get out before things get worse.

Counseling might help.

This could end up different than you've been told.

Hire a lawyer and move out, seek couseling, if she's willing!

The handwriting is on the wall.

The worm is about to turn!!!

 

[TXLeaseQuestion]

Ok, an affidavit has been signed by her stating that she does not wish to press the charges and they are fictitious. Is that a guaranteed drop of the case for the most part?

I was under the impression that especially tarrant county has a no drop policy for these sorts of incidents?

 

[army judge]

Ok, an affidavit has been signed by her stating that she does not wish to press the charges and they are fictitious. Is that a guaranteed drop of the case for the most part?

I was under the impression that especially tarrant county has a no drop policy for these sorts of incidents?

No, it isn't a guarantee of anything.
See what your attorney has to say.
This isn't over.