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  1. #1
    Join Date
    Jul 2010
    Location
    Texas
    Posts
    3

    Default Two Assault Family Violence Charges Within 3 Weeks

    My question involves criminal law for the state of: TEXAS

    Ok so I'm going to explain this very sticky situation the best way I know how. I hope the details can help someone to understand what are my options as of now, and be able to give some legitimate advice. So... 4 months ago my father and my step-mother seperated after a family altercation. The night of the incident my step-mother had already been taken the wrong anti-depressants(on a totally different med for a week or two without telling anyone/unknowingly maybe), came home in a bad mood, started to put up the food I was cooking for some reason, and basically blew up on me for cooking in "her" kitchen. Note: (My father was watching us the whole time trying to mediate) She grabbed a plate of food, and I grabbed it to, telling her to let go, and then playing "tug of war" with the plate. Well she's bigger than me but I finally pulled the plate away slinging the food across the room. This made me angry considering that I spent 3 hours trying to make this for our family and then gone. So I proceeded to just throw the plate in the trash, missing, and the plate hit the ground, then broke. She cut her foot trying to pick up the pieces even though I was saying NO let me clean up MY mess. Later on after more arguing, she left in the SUV being our only means of transportation, never to return until she came by to get her things 2 months later. BUT before she left as we were arguing she told me that she was "going to get me back" for an arrest that was made on her for domestic violence when I was 12. So 3 months later, the detectives show up at my apt. with a warrant because my step-mother claims that I squeezed both her hands by her thumbs though that is impossible as my dad was a witness throughout the whole event. So I find out, eventually turn myself in, and bond out. My dad will testify that did not harm her and this was a false statement. Though listen to this part that doesn't make me look good.

    Ok now the bad part. On fourth of July, I was drinking with my family(not stepmom), and without knowing what I was doing drank waaay too much blacking out halfway through the night. Apparently, on the way home, my father and I started to argue about the past. It progressed getting more heated as we were around each other. He told me to "give it my best shot" in the front yard after I supposedly was trying to fight him. He pushed me, I put him on the ground, accidently hurting his shoulder as he landed wrong. then got up and just went to bed. So I wake up about 45 minutes later with a cop at my door(in my boxers unfortunately) telling me to step outside to take me to jail. So eventually, 3 days later I bond out. Texas Assault Family Violence laws have become more strict within the past 5 years. I've read up on the Texas family assault website, after having EVEN a second CHARGE, not conviction, within 12 months looking at a possibility of 2-20 years in prison among other things like converting these misdemeanors into felonies. I have a clean record until a month ago. I would really appreciate somebody giving me a heads up on what I'm really looking at here( any alternatives?, possibility of dismissal?, probation?, jail time?, fines?) My whole reason for coming to TX was to go to school for nursing and now if these charges stay on my record then I will NEVER be able to reach that goal. Not to mention any other decent job that might pass me by. PLEASE PLEASE PLEASE HELP ME HERE!!! Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Two Assault Family Violence Charges Within 3 Weeks

    1) Stop drinking and get into rehab. "without knowing what I was doing, I drank too much" is indicative of a larger problem, and it will just get worse if you don't get it fixed now.

    2) Get yourself in to see an attorney ASAP. You're in hot water up to your eyebrows, and strangers on the internet are not going to be able to offer you any predictions about the outcome of your situation. You need the assistance of a pro.

  3. #3
    Join Date
    Jul 2010
    Location
    Texas
    Posts
    3

    Default Re: Two Assault Family Violence Charges Within 3 Weeks

    Yes, I know my alcoholism is a problem. Rehab is not an option because I have too many bills to pay and actually never have blacked out drinking before. It was the fourth of July, and I went all out. Good news is I have started a program through my church called CASA(Christians against substance abuse) and am controlling my addiction that way. It refers to scripture for guidance and recovery instead of a typical 12 step programs such as AA that don't seem like would interest me. Also, I am getting closer to god this way which is a two-in-one!

    Yes I know I am drowning in boiling water.Although yes, I am working to hire a lawyer before my court date in 3 weeks. I come from a very poor family and my father is on unemployment so it will be a challenge. He say "I will pay for everything to fix this" out of guilt. Reality tells me this is a longshot. Whatever happens will happen and I will have to deal with the consequences regardless. Im a good kid with great dreams and won't let anything stop me. The resentment and anger problems should resolve with counseling and if there is an assault charge on my record... I will simply have to pursue another dream. I only wish for a lawyer or person to possibly share a similar instance and the outcome. I need these not only for court but for my own peace of mind. Thanks for your comment and please people RESPOND!

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Two Assault Family Violence Charges Within 3 Weeks

    I only wish for a lawyer or person to possibly share a similar instance and the outcome.
    Similar instances and their outcomes will do nothing for you. What happens in one case has no influence over what happens in someone else's.

    This is why you need to speak with an attorney NOW. First consultation is often free, you'd do well to take advantage of it.

  5. #5
    Join Date
    Jul 2010
    Location
    Texas
    Posts
    3

    Default Re: Two Assault Family Violence Charges Within 3 Weeks

    Yeah I'm working on that. You are right... I can't rely on previous cases for a comparison nor a solution. My lawyer will take $500 down and that doesnt seem so bad. We will see soon how everything pans out.

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