My question involves criminal law for the state of: Texas (El Paso)
I am new to these forums and have found them very helpful. Thank you to everyone who contributes. This is long, sorry about that.
I live in a decent gated community, I moved here hoping to avoid this kind of nonsense. I am also a foreigner with a green card and have lived in the USA since 2002.
Here is what happened. I work from home and am here every day. I have been in this complex for 2 months. I don't really know anyone here as I work 12-14 hours a day.
On Wednesday evening I hear noise outside and thought nothing of it. After it carried on, I looked out the window and my car was being towed. i was parked legally in a space downstairs. I went outside to find out what was going on and pleaded with the driver when a woman (standing with her husband) started mouthing off how I block her garage "all the time and it happens every day etc". Unfortunately this time, I have backed into the parking space in my Grand Marquis which is a big car to start with. This time I concede it was in the way, by a foot. I heard her leave in the morning so it could not have been that big of a deal. So I said a few things to the couple saying they could have just asked me to move it, I work from home, I am here 24/7. She said she had knocked on my door, which was BS because I was here and was listening for packages. I also have a LOUD door bell. I had never met these two or spoken to them or even knew they were the ones who lived below me.
After it all, I had to wait for my wife to come bring me some cash so the truck would drop the car right there and then. So to prevent the driver from leaving I sat on top of my car, on top of the truck and waited.
While i was up there, she came out and spoke in Spanish to the truck drive. I was so confused and so blown away that someone could be so nasty, that I decided to voice my 1st amendment rights and I flipped the bird said to her - quoted word for word:"F*** you, F*** you, go f*** yourself you Racist B****". I was still way up on the truck when I said this.
She then turned around and pulled out her phone, and said I'm going to video you and put it on Facebook. I said " go ahead" and shut my mouth. She then says to me " you threatened me, that's a terroristic threat in the USA, i'm calling the police" She calls the police and says that I said I am going to get back at her, which I did not say and would never say because I have better things to do. I then had the driver take me to the ATM to get money where my wife met us. As we are leaving the woman shouts up to me in the truck, "making statements like that is a terroristic threat, you better have your paperwork in order". I replied "oh, don't worry I do". After I got my car off the truck, we returned to the complex and met the police there waiting for us. They interviewed both of us, and the truck driver very kindly spoke to the police and verified my story. She still wants to press charges, of what I don't know. I am assuming a fabricated "threat" she claims I made.
The next day I heard nothing, but I did find a large mark on the side of my car which I cannot prove she made but it is clear she did. She has a red car that she parked next to mine, and as I was backed in for the first time ever, the mark is from a car door opening hard against mine down the drivers side. It could have only come form a red car - Which she has the only red one in out little colder-sac.
What can I be charged with, what is the statute of limitations and how should I defend myself? I have used lawyers before for immigration and traffic fines, I will be glad to do so again as this woman is fabricating this. For a while I used to believe that free speech was available in this country. I am sad to say that I am doubting it these days.