My question involves criminal law for the state of: Texas
Currently i am dealing with a Class A misdemeanor for an Assault with Bodily injury,in which i was picked up from a warrant released may of last year.(picked up on Super Bowl Sunday).
When i attended my first court date, my attorney said they want to give me the maximum sentence for a year in county jail. I asked why so harsh? He explained that on the police report the girl (in which this current case revolves around) stated that an alleged sexual assault happened prior to this incident but never filed a police report between when this supposively happened and the assault charges.(i know the statue of limitations and she could have filed this a year later if she wanted)
A month later(March) I sat down with my attorney to go over what was really said in the report about this sexual assault(same report regarding the assault w bodily). Apparently she called up the judge and emphasized a little more on these allegations and calling it a case of "date-rape". She claims that one night in Aug 2007 she went to sleep and woke up with me on top of her also stating that she couldnt move her body an inch and that was all she said about it.
To understand this situation better, on February 2008 i got into an altercation with this gurl which ended up with me being charged for the Assault misdemeanor. Was not told when she filed a report(sometime within a week) but when i was arrested for the warrant, the state trooper told me the warrant was filed and went through as of May 5th, 2008.
As for the sexual assault i have my own recollation as to what happened that nite in August of 2007.
I had called my friend who happened to be visiting in town and he was at her apartment along with her roommate and another friend of mine.(weve known each other for about 8 years excluding her roommate). After a brief conversation with my friend, she got on the phone(she sounded tipsy) and wanted me to come by and kick it for a while. When i show up to her place about 20 mins later, i notice that everyone has had a few drinks but i notice the gurl had signs that she was under the influence of some prescription drug(i think it was Xanax or another benzodiazepene class) because her eyes looked very squinted, plus a little speech slur compared to everyone else. After about 10 mins she pulls me to the side and starts flirting with me and kissing often(this isnt out of the ordinary)then we go back to the rest of the people where we have conversations for most of the night.I admit to having a few drinks but i was having a heavy headache and decided to stay(as someone advised me to not drive at the moment). The gurl fell asleep first and a few mins afterwards, her roommate went to her room with my other friend,my buddy who I was talking to on the phone was going to sleep in the living room and i decided to lay with the gurl in her room until i was able to drive back home.
As we were laying in bed, I put my arms around her , she acknowledged it and moves around to face me(shes still sleep at the moment). I kissed her on on the lips a couple of times and knew she was awake at this moment as she returns with slipping the tongue. This is going on for a couple of minutes and by the time I get on top of her(with clothes), she is fully awake and aware of whats going on(she claims while she wakes up, i am already having sexual inter course with her.). We take off our clothes together and start having sex for a bout 30-45 mins. Afterwards we get up to put our clothes on while having a conversation and she walks me to the door with a last kiss and says "call me tomorrow".(after she claims to have woken up I have already penetrated her,says she couldnt move her body leading up to the so called"date rape").
As I said at the top of my post, she never filed a separate police report or to my knowledge went to a police officer about this until the assault charge she filed on me 6 months after.
I never slipped any thing to her(no pills,roofies,or GHB) nor did I provide any alcohol beverages to her and the people at her residence.My question is can they still described it as "date rape" because she took in some pills(and maybe alcohol, i dont think she was drinking when i arrived but i know it doesnt mean she didnt earlier.)
Now i would like to hear feedback from the best expertise and would gladly answer any questions in return.
From a DA point of view, if I argued this defense against her testimony(assuming they bring charges upon and take this to trial) how would they match it compared to her testimony and the charges?
Also my attorney said that the best thing for me to do is work out a deal whereas I take the maximum sentence on this misd. charge if they do not bring the sexual assault forth.He believes if I go to trial with this it wouldnt be in my best interest. If i were to make this deal with the prosecutor, is it against the law for them to charge me anyway?
Thanks for you time and patience for the long thread.
P.S. As of right now I havent made a plea to my misd. assault charge and I am not charged with the felony sexual assualt

