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  1. #1

    Default Assault with a Weapon

    My question involves criminal law for the state of: texas

    Irecieved a call last night from my fiance's son stating that he had called the police because she had a hammer. the police took the hammer and are now holding her under charges of assault with a weapon. i spoke to her son who told me he pushed her to far and that she didnt verbaly threaten him, or even swing the hammer. He has had problems in the past with hitting her and it is believed she grabbed the hammer so that he would back off. To avoid being hurt herself. He admits himself that she didnt assault him and told the police he wasnt pressing charges. what can i expect from these hapenings from a legal standpoint?

    IS ANYONE OUT THERE?

  2. #2
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    Default Re: Assault with a Weapon

    Quote Quoting andrewpasik1985
    View Post
    My question involves criminal law for the state of: texas

    Irecieved a call last night from my fiance's son stating that he had called the police because she had a hammer. the police took the hammer and are now holding her under charges of assault with a weapon. i spoke to her son who told me he pushed her to far and that she didnt verbaly threaten him, or even swing the hammer. He has had problems in the past with hitting her and it is believed she grabbed the hammer so that he would back off. To avoid being hurt herself. He admits himself that she didnt assault him and told the police he wasnt pressing charges. what can i expect from these hapenings from a legal standpoint?

    IS ANYONE OUT THERE?
    Yes, we are here.

    Felony assault for her. A restraining order. He should get counseling.

    And you should get a thump in the back of the head. How can you live with yourself knowing that a woman was being beaten and never call the police.

    Thank God he wasn't having sex with the kids, huh?

  3. #3

    Default Re: Assault with a Weapon

    She had a hammer? And was the hammer used in the assault? were there blood on the hammer and was someone beaten badly?? If the person is hurt badly then they could be charge with felony assualt with a deadly weapon.

  4. #4

    Default Re: Assault with a Weapon

    Quote Quoting andrewpasik1985
    View Post
    He admits himself that she didnt assault him and told the police he wasnt pressing charges. what can i expect from these hapenings from a legal standpoint?
    He has reported a crime (assault with a weapon). That he wants charges brought or not is really irrelevent - police have a duty to pursue a course of action when a crime has been committed, so if they have probable cause to believe a crime took place, expect them to move a case along accordingly. If people don't want charges brought for crimes that are committed against them, there is only ONE way to do that, which is to NOT report the crime (of course that won't stop OTHERS from reporting crimes about which they have knowledge). Once police are summoned, it's out of the reporting party's hands.

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