[GuyInTexas]

My question involves criminal law for the state of: Texas : Montgomery County

Thanks for taking the time to read this. Occurred like this

My horse got out of the fence. Daughter (5 yrs) and friends went to get horse. Horse ran into neighbors yard. Neighbor chased horse and yelled at kids saying he will call CPS and have them taken away. From the street between our houses, I threw beer bottle in neighbors yard and Cussed at him.
He grabbed a crow bar and ran around the corner to my yard and hit me with the crowbar. (after a few seconds of verbal jousting)

I took the crowbar away and sat on him until other showed up.

He was charged with aggravated assault, I was charged with disorderly conduct and "assault - verbal"

Now I understand the charge against ME has changed to assult with bodily injury!

I have seven staples in my head from the crowbar... he does not have any damage at all.

I have tried to hire an attorney but I am not having much luck getting anyone to return my calls.

I am wondering how I can be charged with bodily injury, I think at that point I was defending myself from a man with a crowbar.
Up until the crowbar hit my head I had not laid a hand on him.

Added: The police officer said that their story and mine were the same, so the "facts' do not seem to be in dispute.

[cdwjava]

Self defense is a defense that is asserted at trial, it is not an issue for the police to necessarily determine in the field.

When the DA looks at the case he or she may decide no to pursue it. On the other hand, they might go after both of you. After all, you DID have a hand in the confrontation by throwing a bottle ... maybe he claims it was at him and not just in to his yard.

In any event, keep trying the attorneys.

- Carl

[GuyInTexas]

Thank you for your reply. Indeed I did have a role in the confrontation and I think the disorderly conduct is appropriate,

However I did not threaten nor strike anyone. He said I threw the bottle at his truck. Not true in intention, but that is in fact where it went so would seem entirely reasonable from his perspective. I finally got an Attorney to return my call and I feel confident she will get the charges to be appropriate to the crime that took place, and if not that she will do her best to prevail.

Again, thanks for taking the time to reply. I often help folks in a computer forum and I realize what a pain it is answeing the same old questions over and over/

What really scares me is I am in TX, and laws here do not necessarily follow the law.

I do have a follow up question, When the police arrived they got the "story" from me and them. Both of us said the same thing, same events same sequence.
None of us had been read our rights..
question is, everything we all said, is that admissible in court? Can they change the facts and lie now?

[cdwjava]

What really scares me is I am in TX, and laws here do not necessarily follow the law.

I have a good friend who went there to work as a cop from CA where he worked as a cop ... he told me once that the laws in Texas were "merely a quaint suggestion".

I do have a follow up question, When the police arrived they got the "story" from me and them. Both of us said the same thing, same events same sequence.
None of us had been read our rights..
question is, everything we all said, is that admissible in court? Can they change the facts and lie now?

Miranda rights are only required when there is both custody (in the form of an arrest or equivalent circumstances) and interrogation. A detention at the scene while they interview everyone to determine what happened does not generally invoke Miranda.

The statements made at the scene should be reflected in any police report or recordings. Could the other parties change their stories? Sure, And your attorney could cross examine the officers and ask if they heard the people provide a different statement at the time of the incident.

- Carl