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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default Assault Causing Bodily Harm in Texas

    Hello,

    I am new to this forum and am really just looking for some advice. I was recently charged with Assault causing bodily harm. At the time I was employed by my uncle at the business he owned. My mother also worked there. My mom and I were both constantly under verbal attacks from my uncle. He was constantly screaming and yelling about something. On this particular day, my uncle and my mother had gotten into an argument about something, and my uncle was calling her everything in the book. I had heard enough of it and I walked outside to where they were. That was my first mistake. I said, "George, I'm not gonna sit here and let you talk to my mother that way." He got in my face and started pointing his finger in my chest and said, you get your blankety blank back in there and go to work, this has nothing to do with you. I told him again that he wasn't gonna talk to my mom that way. Again he started cussing me and pointing his finger in my face and chest, so I hit him and busted his lip. I then backed away and he came after me. I turned my head to look at a truck that was pulling into the driveway when he hit me, so I hit him again and that was the end of it, besides the yelling and screaming. He told me he "would f***in kill me" as he was walking into to call the police. He told me that the only reason he was calling the police is so that it would cost me. So the police come and I'm taken to jail. On the way to jail, the arresting officer told me that it wouldn't be that big of a deal, probably just simple assault, because I just busted his lip. So, I spent the night in jail and was released the next morning without having to pay bail.

    Then I found out that I was not charged with simple assault, but I was charged with assault causing bodily harm. I was offered a plea bargain, which is why I'm here. I just need some advice on if I should take the plea bargain or hire a lawyer and take it to court. The plea bargain:

    Fine: $500
    Court Cost: $254
    80 hrs community service
    2 yrs probation
    Batterer's Intervention Class
    Probation Fees $50 a month

    I thought it was pretty steep under the circumstances and with it being my first offense. I know if I take it to court, my uncle will lie through his teeth at the trial. And I don't want to be found guilty and then end up spending time in jail. Any advice would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Assault Causing Bodily Harm in Texas

    You should consult a lawyer about the plea offer and, based upon that consultation, decide whether to accept it.

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