Assault Causing Bodily Injury
My question involves criminal law for the state of: Texas
Recently, my girlfriend of 7 months and I took a mini vacation to a hotel on the gulf coast. She is 27 and I am 40.
We drank excessively (we don't typically drink because it caused problems with us in the past, but she wanted to drink for her birthday) while there and as she kept bringing me shots, I eventually blacked out and have no recollection of any events that followed but was still apparently somewhat coherent. She signed for all the drinks that were purchased.
It was around 2 a.m. and apparently I was making a scene with her in an argument in the lobby. All I can remember are flashes of going up to our room and having an argument with her. I went back down to the lobby, then went back up to the room with the police waiting for me in the room.
Security was called by the hotel and they questioned me as to what my problem was. I was confused as to why they were there. My girlfriend, bless her heart, knew I was not mentally there and said I was very intoxicated and that I just needed to go to sleep.
They left...and I do remember arguing with her loudly right after they left. They pounded on the door and I let them in.
Apparently I had punched her making her eye red and her lips were bleeding before this, and they were concerned for her safety (rightfully so). I voluntarily gave myself up for arrest. She insisted she didn't want to press charges and knew I was not mentally there. She tried her hardest to not get them to arrest me, but I assume they did it out of concern for her safety and not whether or not the charges could stick. They wanted to take pictures of her but she would not let them, and she refused to go to the hospital.
She explained that we weren't related and we weren't married when they were discussing what to charge me with, so they ended up charging me with Assault Causing Bodily Injury.
She won't testify and they have no photographs of her after the altercation. There are no witnesses to me hitting her.
I have never been in trouble before this and am scared out of my mind that I have just ruined my career, and fortunately she has been somewhat supportive (even if I look like a woman beater...I've only hit one other person...a man...in my life...in self defense...and I would never hit a woman consciously...I'm from a good family with a stable background).
I still spent the night in jail...and didn't realize what I had done until she bailed me out and I saw her black eye. I feel like my life might be ruined.
Question: Given that information, do I have a good chance for dismissal on this charge? I was not charged with D.V. and my bond was only $1500.
Re: Assault Causing Bodily Injury
Just because the arrest was for assault doesn't mean the prosecutor can't change it to DV.
Your GF can resist testifying, but if she is subpoena'd to appear, and doesn't, that's when things like warrants for HER arrest happen and SHE gets to enjoy jail hospitality too.
Having photos of the injuries would certainly have been welcomed by the prosecutor's office, but they've got the next best thing in court: the testimony of the officers who responded to the scene and witnessed the injuries. Juries tend to believe police officers when they get on the stand and tell about such things.
Given that apparantly quite a few people witnessed all of this drunken arguing, and that injuries occurred, the prosecution probably has a pretty strong case. You need to be working with an attorney who knows the habits and workings of that prosecutor's office - they are the best predictor of how the state might approach the case, any deals that might be offered, and any deferment possibilities which might typically be available, including things like batterer's intervention therapy, alcohol abuse treatment, etc.
Re: Assault Causing Bodily Injury
This is a very serious charge,it prob is better then having a Dv charge against you thou. Idk if a dismal is possible,with a good lawyer maybe you get it reduced to misdemeanor assault . It's up to the da to press charges and they might still be able to prove there cause with out your gf. The da gonna see that you hit a female,there not just gonna want to drop the charge.
A dv arrest look bad,at least with this charge,you can say you got in to a drunk altercation and don't remember,ppl won't assume that you hit a female.Your gf did you a hugh favor there. You need to hire a lawyer asap if you haven't already.