Am I guilty of Class C misdemeanor assault?

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Am I guilty of Class C misdemeanor assault?

I’m 43 and an 11 year old child told his mother I pushed him after school. I did not push the child. I spoke with him during dismissal in a friendly manner, and told him when playing tag with my son at recess there was no need to push or shove, just touch. I demonstrated a tag by lightly touching his right shoulder as an example.

No witnesses were interviewed although there were three present. I was written a ticket by a detective and she stated that since I admitted to touching the boy, and he was offended, I committed assault. According to her, whether I pushed or not is irrelevant.

The law regarding simple assault in Texas reads ‘Intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.’

What do you think?

Asked on March 30, 2016 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under the technical sense, it could qualify as a class C ticketable assault charge.  However, it does sound like a bit of a stretch. 
With that being said, however, I strongly recommend that you get an attorney to assist you.  If you don't know how to get these other witnesses to court to verify your story, you could potentially be convicted of this offense.  A class C is not a huge, 'go to jail', type of case... however, this type of conviction can affect your future opportunities for employment as some employers will not hire people with assaultive convictions on their record.


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