[Gtyler]

My question involves criminal law for the state of: Texas

I recently was charged with aggravated assault when I kicked someone off my property during a party. Originally I kicked him out of my apartment. But when he wouldn't leave the sidewalk leading into my apartment. I pushed him,he fell down with a broken leg. My apartment complex says they will testify that the sidewalk outside my apartment is part of my rental agreement and according to them that makes it my private property. My question is: Since he caused damage to my apartment (spilling drinks, staining the carpet, and broke a speaker). Does this case have any merit? Should I plead it out or take it to court?

[aardvarc]

First, Don't take legal advice from landlords - their interest is in protecting THEIR fannies, NOT yours. Yes, the case has merit. Someone damaging property at your home during a gathering isn't a defense to committing the crime of battery against them. Once he was out of the dwelling, he was in public - regardless of what your apartment complex says - once he's out of your door, he's no longer your problem - yet you still took it upon yourself to attack him rather than return indoors and summon police to ensure no further escalation occurred. Your tax dollars pay for police services, and if such services were needed, they should have been summoned to the scene to assist you. You can certainly request that the matter go to trial, but you are the legal aggressor here. You are also likely to be facing a civil law suit against you for medical bills, pain and suffering, and other possible damages from the victim.

The relief for losses of damaged property is for you to sue the person in civil court for damages to the speaker, carpet cleaning, and whatever other damages you can document.

[aardvarc]

[in response to PM]

Yes, the case has merit. You are allowed to use physical force in self defense, but simply not leaving the area outside your apartment (not your private property) isn't anywhere near grounds for your hands to have touched him in any way. You can meet force with force, but not passive aggressiveness with force. If he notified police of the incident, they'll investigate and if they believe there's a criminal charge to be made, they'll forward their report to the DA's office. From there it's up to the DA to decide if they want to move forward with bringing criminal charges. If it comes to that, your attorney, who will be familiar with many similar cases in that court, will be the best person to advise whether to try to plead or take it to trial.