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Second Offense Domestic Assault Charge

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  • 07-02-2009, 05:28 PM
    br5498765
    Second Offense Domestic Assault Charge
    My question involves criminal law for the state of: Texas

    My wife and I got into a heated argument a couple of nights ago. We were yelling at each other and I started walking over to the bed where she was sitting. She leaned back and kicked me in the face and kept kicking. I grabbed her by the wrist and held her down. We were still yelling and her sister was outside. Her sister began to break out the windows in the room we were in. I called 911 to report her sister. At this time her sister had ran off because she has already been to prison twice. My sister in law was in the car out in the street she claims that she could hear my wife screaming. The police showed up and began questioning us. My wife claims that I hit her in the eye now but at the time of the incident she did not tell the police that. The police said she had carpet burns on her elbows. I showed the police were she had kicked me in the face. I had a big knot under my eye and it was turning black. The police took me to jail. They also took pics of her elbows and did not take any of my face. The officer claims that since my sister in-law heard her screaming they had to take me into jail. This will be my second offence for assault. Should I hire a lawyer and with your best guess what do you think the outcome will be?
  • 07-02-2009, 06:14 PM
    aardvarc
    Re: Assaulttwice
    Quote:

    Quoting br5498765
    View Post
    My question involves criminal law for the state of: Texas

    My wife and I got into a heated argument a couple of nights ago. We were yelling at each other and I started walking over to the bed where she was sitting.

    Good policy: during "heated" arguements, best to stay on the OTHER side of the room, lest the other party mistake your approach as aggression.


    Quote:

    She leaned back and kicked me in the face and kept kicking. I grabbed her by the wrist and held her down. We were still yelling and her sister was outside. Her sister began to break out the windows in the room we were in. I called 911 to report her sister.
    It's easy to forget that police have a duty to recornize and respond to ALL things that might fit as crimes, not just the specific ones being reported.

    Quote:

    At this time her sister had ran off because she has already been to prison twice.
    Which is a little overkill, since she had a perfectly rational reason - she's trying to break up a fight and prevent injury or death.

    Quote:

    My sister in law was in the car out in the street she claims that she could hear my wife screaming.
    That's never good. Usually means neighbors can hear it, as well as the police when they pull up. That sets a certain stage.

    Quote:

    The police showed up and began questioning us. My wife claims that I hit her in the eye now but at the time of the incident she did not tell the police that. The police said she had carpet burns on her elbows. I showed the police were she had kicked me in the face. I had a big knot under my eye and it was turning black. The police took me to jail. They also took pics of her elbows and did not take any of my face.
    They didn't take a photo during booking?

    Quote:

    The officer claims that since my sister in-law heard her screaming they had to take me into jail.
    Her screaming probably didn't hurt - but that would be coupled with your wife telling police you came across the room at her (which you say you did) and that she kicked you in self defense. You approaching her like that during a heated arguement makes an easy claim that she was afraid (and wow, your wife must have some killer legs to kick you in the face while sitting on the bed).

    Quote:

    This will be my second offence for assault. Should I hire a lawyer and with your best guess what do you think the outcome will be?
    Hire a lawyer for your defense in the criminal case, and then hire someone who can help you learn how to resolve conflicts BEFORE they turn into you getting arrested. Remember, regardless of what your wife did or didn't do, the only thing that'll be consistent in your arrests is that you're there and participating. Learn to get out, cool down, keep self control, and to NOT be in situations where someone ELSE is put in the position to figure out "who started it" and things deterioate into he said/she said. Since this isn't a first offense, the options and possibilites for plea deals drops. Your attorney will be the best person to advise you - they will know the sentencing habits of your local courts and even specific judges, and how willing or unwilling particular prosecutors might be to deal.
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