Class C Misdemeanor for Assault in Texas

[needhelp83]

My question involves criminal law for the state of: Texas

Hello. I have never had any issue with the police until this event. There were three of us renting a house and one person was not carrying his weight. After a while we had to insist that he move out. About a week went by before he came back to get the rest of his stuff. I let him in, he seemed fine and he started packing up and gathering his stuff. I came out of my room a while later and he was in the kitchen washing the dishes (yes, he left dirty dishes in the sink for a week before coming back to clean...). Still, I wanted to clear the air. It wasn't that we thought he was a bad person, he just wasn't a good roommate. So I approached him and unconsciously placed my hand on his shoulder as I asked if we could talk. He seemed to freak out, spun around and firmly asked me not to touch him. Shocked I said alright and walked away. A couple weeks later I received a phone call from a local detective who would inform me that this person took offense to action and is pressing charges. While the detective agreed that this was a bit childish, Texas apparently has a no tolerance policy for domestic violence. Seeing as we were roommates, this meant that a citation had to be filed. He issued a Class C assault by contact citation. This appears to simply be a fine which many liken to a traffic ticket. The problem is, I have a security clearance and am in this mess my choosing to quit my job and return to school for my PhD. While this may be a mere traffic violation for some, I have to assume that anything related to assault would cause problems with my security clearance. Seeing as this act was an attempt to mend fences and in another context could have been taken for a congratulatory pat on the back, I just can't accept this as the reason my hard work in school will become null and void.

Now, time has passed and he has since returned to pick up more of his stuff. Today I finally had a chance to sit down and clear the air with him. It seems this may have been a misunderstanding. With the sink running and the radio on, he apparently did not hear me coming and apparently I startled him. This apparently sent him over the edge and resulted in him calling the police. Together we signed and motorized an affidavit declaring this situation the misunderstanding that it was and requesting the state drop all charges. The new problem is that we have learned that he does not have the right to drop the charges.

So my question is, will my explanation of what specifically happened together with this signed and notarized document be enough for the case to be dismissed during the pre-trial or should I hire a lawyer? Every lawyer I have called has cut me off and said that Class C misdemeanors are below them and often the defendant represents them self. However, considering my concern over my security clearance I want no stone unturned and to leave nothing to chance.

I would greatly appreciate any and all advice. Thank you for your time.

[Mr. Knowitall]

The only way to find out what will happen if a prosecutor receives this statement you had the victim prepare is to have the prosecutor review it.

If you're willing to pay the fee, you'll find a lawyer to represent you. Make clear that the issue is your security clearance and that you're willing to pay in the same manner as the lawyer would charge for a more serious misdemeanor offense, and you'll probably have more luck.

[drthyrd]

OP, you don't mention what level of clearance you have, but here are three things to consider...

1.) The Federal Government is not limited to considering only those crimes a person is convicted of when considering a clearance. The arrest/charge can be considered and weighed. The limits to discovery / evidence that may impact a trial aren't at play here. Just because a prosecutor chooses not to pursue or a jury (judge) finds reasonable doubt and does not convict does not mean the crime did not occur. I frankly think it matters more whether the crime occurred than whether you are convicted or not.

2.) Security clearances are based on a whole person concept and a minor run in with the law, even if it results in conviction, is not an automatic end to your security clearance. Not the best thing, obviously, but I wouldn't throw in the towel just yet.

3.) Although I don't think your security clearance is going to be impacted by the resolution of the case as much as it will be by the underlying facts, regardless of the outcome, you will need to consider your options carefully if you need to carry a weapon (such as in the military). A DV conviction could prohibit you from carrying a weapon even if your clearance remained in tact.