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  1. #1

    Default Falsely Accused of Felony Domestic Violence

    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?

  2. #2
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    Default Re: Falsely Accused of Felony Domestic Violence

    Quote Quoting OutOfLuckInTX
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    So basically, what happens next? I hired a lawyer for the eventual 3rd degree felony that's coming my way....
    You've hired a lawyer, and the person best positioned to predict what is going to happen next is your lawyer.
    Quote Quoting OutOfLuckInTX
    ....but is my deferred disposition deal to get the original charged dismissed completely out the window?
    That's going to depend upon the impressions of the probation department and court.
    Quote Quoting OutOfLuckInTX
    I have a signed Affidavit from my spouse swearing that she lied but will that help any?
    Maybe, maybe not. Whatever happened in your case, most retractions in domestic violence cases are false.

  3. #3

    Default Re: Falsely Accused of Felony Domestic Violence

    Quote Quoting Mr. Knowitall
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    You've hired a lawyer, and the person best positioned to predict what is going to happen next is your lawyer.
    I consulted 4 different lawyers before deciding on who to hire so I know where the second offense is heading and the only thing I can do about that is wait for the DA to file the charges and take it to trial. My current concern is not getting the Class C conviction.

    Quote Quoting Mr. Knowitall
    View Post
    That's going to depend upon the impressions of the probation department and court.
    So if it's going to "depend" then not all hope is absolutely lost, right? Since there was no arrest I was told not to rush the charges so it was best not to contact the DA or responding officer about status. The lawyers said that it's best if the responding officer drags his feet cause the longer the DA takes to file charges the better my chances of fulfilling my deal.

    There is no probation department involved. I never had to report to anyone. To be frank, I don't even know if I'm entitled to one of these hearings. I was told that I may or may not get a hearing but I'm not sure if getting a hearing is a good thing or bad thing.

    Quote Quoting Mr. Knowitall
    View Post
    Maybe, maybe not. Whatever happened in your case, most retractions in domestic violence cases are false.
    If you say so, but if four independent licensed lawyers with over 10 years experience had the same strategy of getting her to sign an affidavit then surely there must be some rate of success. I mean seriously, the long term consequences isn't just me being literally unemployable for the rest of my life with a useless degree but it's the collateral damages like having my two year old living in poverty for the next 20 years of her life because you can't raise a family on minimum wage. My spouse knew lying would get her our child and get me a criminal record, which she succeeded in, but what could that possibly accomplish if she'll be getting a miserable $150 per month in child support?

    If the roles were reversed and she had asked me for a divorce and I pleaded with her to stay then I still would have gotten another case for physical contact if she told me not to touch her like I told her. Dammed if you do and dammed if you don't.

    Sorry to rant.

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