Defense of Charge: Assault-Bodily Injury
Case Result: Case Dismissed
Birthday Party Assault Charge
My client was charged with Assault- Bodily Injury. This is a Class A Misdemeanor, which is punishable by up to one year in jail and a $4,000 fine. This case resulted in a dismissal.
Under Texas Penal Code § 22.01 assault is defined as “intentionally, knowingly, or recklessly causing or threatening bodily injury to another person” or “intentionally or knowingly causing physical contact with another person with the knowledge that the person will consider that contact to be offensive or undesirable.”
My client was 70 years old with no criminal history. She was attending her grandson’s birthday party at a local park. My client, and her daughter, who was pregnant at the time, arrived at the birthday party. There was already tension because my client’s daughter was the grandson’s mother and had recently gotten divorced. Because of the divorce, there was some tension between the families, especially with the new stepmother.
While at the party, a verbal argument broke out between the stepmother and mother. Facts were disputed, but our version of events was that my client’s daughter was pushed by the stepmother. My client (a 70-year-old grandmother) stepped in to help her daughter, who was being assaulted. Cops were called, and an investigation was completed. There were several witnesses and statements in this case.
Specifically, my client was charged with unlawfully, intentionally, and knowingly causing bodily injury to (the complainant) by striking the complainant with her hand. This case was a huge fight because there were custody issues involved in family court.
Police interviewed the store owner, eyewitnesses, and my client. Everyone had very similar stories of what happened. During police investigations, they take statements from witnesses and scene photos and try to conduct a thorough investigation.
In this case, I felt like the facts were not being correctly sent to the prosecutor. The prosecutor had a different interpretation of the events that unfolded. She thought my client (70-year-old grandmother) was out of control and aggressive and punched the stepmother in the face.
We respectfully disagreed and fought the case. We were able to come to a resolution that resulted in my client getting her case dismissed, and she is eligible for an expunction. Truthfully, all my client was doing was trying to protect her pregnant daughter from being assaulted at her son’s birthday party.
Several times in criminal cases, there are family disputes, and an assault charge will arise. Whether at a birthday party, family reunion, or holiday celebration, assault cases can come up anywhere. That is why it is very important to hire an experienced criminal defense attorney to handle assault cases like this. I was thrilled with the result, and it was a pleasure informing my client that her case was dismissed. My client was able to get back to just being a supportive mother and grandmother, which is all she wanted.