My question involves criminal law for the state of: Texas
I'm currently on deferred disposition (not adjudication) for a Assault - Physical Contact (family) which is a Class C Misdemeanor. This charge was supposed to be dismissed at end of March had everything gone smooth. My marriage is failing and before the 150 days I asked my wife for a divorce and frankly told her that I will seek custody of our daughter. She told me I would never see my child again if we divorce.
A couple of hours pass by and cops show up at my house saying that my wife had accused me of assaulting her. I gave a statement of what happened the entire evening but cops didn't arrest me.
The next morning she comes back crying saying that she went to the police station and told them that she lied because she knew that I was on deferred disposition and a second occurrence would mean conviction for family violence which will ruin any chance of me being able to seek custody but she didn't know though that a second occurrence would lead to 3rd Degree Felony charges.
So basically, what happens next?
I hired a lawyer for the eventual 3rd degree felony that's coming my way and I will vigorously fight that charge with the full support of my spouse but is my deferred disposition deal to get the original charged dismissed completely out the window?
I have a signed Affidavit from my spouse swearing that she lied but will that help any?
We expect to take the 3rd degree charges to trial and get that in a position to where it gets dismiss so I can eventually petition to expunge it but I can't expunge the Class C Misdemeanor if the judge pulls my deal and issues a conviction.
The reason I'm asking is because my lawyer sounded more confident about getting the 3rd degree felony dismissed through trial but was unsure about salvaging my deferred disposition.
Anyone have any experience with this? What's the likelihood the judge pulls my deferral disposition deal even though my wife filed a false police report?

