Will she have an acceptable defense? (Texas Assault/Battery Case)?

Question

Good Afternoon, I was recently assaulted in a manner conistent with Assault/Battery by contact which is a Class C misdemeanor in Texas. The individual is the mother of my young daughter and committed the act in the presence of our young daughter while I was at her residency to pick her up for visitation. She brought up a conversation point in which my responses, though passive, angered her. She eventually reached the point in which she lost self control and struck me across the back. I immediately contacted the authorities and they issued her the appropriate citation. She must either request a trial or pay the fine which is an admission of guilt. Ironically enough she posted a review of the situation on her online blog site and admitted that she struck me. I have captured copies of her online admission to committing the assault and will use those if a trial occurs. Does she have any type of defense? How will things proceed from this point? Thank you.

Answer 1

My opinion is she will be found guilty. She openly admitted it on the Internet, you have proof of this. I don't care what you say to someone, that does not give them the right to assault you. Did you threaten her??? did she feel as if she was in any immanent danger???? if not, where is the self defense theory??? there isn't one, obviously it boils down to your word against hers, however you can prove she admitted her guilt. She should cut her losses and pay the fine, or plea guilty, Courts don't like to have their time wasted and she could end up paying more... but hey... guilty guilty guilty. Temporary insanity, I doubt it would work, insanity is rarely used because it is hard to prove. That is why most capital murder cases get dropped down to second degree homicide. If this goes to court you will first have an arraignment, this is when she will enter her plea, lets say not guilty... then there will be a preliminary hearing this can be waived, and then the trial and from what you've said.... she will be found guilty in my opinion, but the last word is the word of the Judge... good luck.

Answer 2

Assault and Battery are common law offenses that appear to be codified into statutes in your state (class C misdemeanor). They may be tried as minor crimes or in civil cases as an intentional tort. As to the question of whether there is a defense the answer is that there is almost always a defense that will be raised. The question becomes...is it a legally valid defense. That question is one that can only be answered in applying the law to all of the legally relevant facts. Consult an attorney on this issue.

I did notice that you mentioned she hit you on the back. When claiming assault in a civil action you must have had a "reasonable aprehension of imminent contact either harmful or offensive" and the other person must have had the "present ability to make the contact." If you did not see the slap coming you will have no claim for assault in a civil action, but still will have one for battery. A criminal charge of assault will depend on the jurisdiction and how they choose to apply the law of assault. Assault at criminal law does not necessarily require a reasonable aprehension.

Remember, a good attorney will always attempt to procure a defense.

Answer 3

With a good lawyer, there is always a defense. She could indeed use mental disease or defect as a defense to diminish her mental state to that below what is required for Assault. That would be the easiest defense for her, and it might well work if her lawyer is good at jury selection. She may also state that she was in fear of great bodily harm, and being in her own residence, she has zero duty to retreat in Texas. You have done the right thing by getting copies of her web site. Give this to the District Attorney's office immediately, or directly to your prosecutor if you know who he/she is. You might win and you might not. It all depends on the skill of the attorneys involved. I wish you the best.

Answer 4

I would say you have enough evidence to go through with the charge but because I am an ordained Prophetess by God I would tell you I would not go through with the charges but get a restraint order against her to protect yourself. I would set up a time and date to where you get your child(ren and let it be that. I feel that she is not a mass murderer or a rapest or anything such harmful as that so I feel she deserves to be forgiven. With the evidence you have from her website that is more than enough evidence I would say but she can easily try to say someone else put that on her page. I pray that you two make the right decisions and live your life to the fullest for God...

Prophetess Teresa White

Answer 5

She could have many defenses but you won't know until it is too late to prepare for them. Besides I think you're being kind of a sissy. Why would you want to involve the cops over something retarded like that? Maybe if she was beating the crap out of you or something but it sound like you were weren't helping the situation. And by involving the cops in front of your daughter you probably caused her more emotional trauma than if you had just walked away like an adult.

Answer 6

Yes, she does have many defenses, but you won't know what they are until litigation ensues and you ask her. You could guess what she's going to say (i.e. it was in self-defense, or she suffered a moment of temporary insanity because you were purposely angering her - not to say that you were)

If you honestly wish to pursue the issue in civil court, hire an attorney. Otherwise, there's nothing you can do about her criminal case, except testify when asked to.

Answer 7

nicely i myself think of that ppl ought to have the main suitable 2 do what ever they want as long because it dosen't harm those close to u..nicely tell me in what way he's avatar bothers u?in simple terms cos u ought to scroll slightly extra cos he's avatar is a million/2 the website..i think of he had a desirable theory..and he's no longer the only one that answeres with specific/no in simple terms 2 get factors.u have been given accessible it to him..he has between the biggest solutions in spite of if he in simple terms writes a letter=))) lol..it may be so humorous (4 us and annoying 4 u;))) if he could answer this question..:p

Answer 8

LOL, see the internet is like Vegas, what you do and say there stays there.

She has little to no recourse as she openly admitted it.