Assault by Contact, Not Guilty

[rustydoornob]

Hello,

My boyfriend and I were each issued a citation for assault by contact by a woman that actually assaulted my boyfriend (we filed charges for the same thing for her). There were no witnesses, I called the police first, and I have neighbors that are willing to make a statement saying that they've had problems with her before. I have also made two other reports -- one for harrassment and one for felony road rage--This happened in Travis County, Texas. I was told by the clerk that there are no public defenders in precinct courts. When I mail my plea for not guilty, is this when I ask for my neighbors to be subpoenaed so they may make a statement or am I supposed to wait until there is a pre trial? Also, what do you think are the chances of us getting charged for it, when we (my boyfriend and I)were both innocent (I'm worried because he has a record of assault)?

[Mr. Knowitall]

You've been issued citations - that means you've already been charged.

Your witnesses don't appear to have any evidence or testimony relevant to what occurred on that particular occasion. Assuming they have relevant testimony, witnesses would testify at trial, not pretrial.

If you are serious about taking the charge to trial, get help from a criminal defense lawyer.

[rustydoornob]

If no one has relevant testimony, and there were no witnesses --basically a he-said-she-said, would this case be thrown out, do you think?

[aaron]

Lots of cases are prosecuted based upon a victim's testimony standing alone.