how can I get an assault by contact charge dismissed?

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how can I get an assault by contact charge dismissed?

my wife called the cops to make a report of an altercation we had and they ended up charging us both with assault by contact which is a class c misdemeanor. I hold a Top Secret clearance and need this dismissed. do I need a lawyer for this?

Asked on December 19, 2017 under Criminal Law, Texas

Answers:

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

Answered 3 years ago | Contributor

You are not required to have an attorney to get a dismissal....but it's generally a good idea to do so.  An attorney can prepare an affidavit of non-prosecution for each of you to sign and to present to the prosecutor.  
The advantage of of hiring an attorney is in the negotiations.  If you go and visit with the prosecutor directly, and you make statements that the prosecutor thinks could help their case, then they can (and potentially will) use those statements against you if they don't dismiss the case.  If an attorney is speaking for you, then they can't use the attorney's statements.  
This is class C misdemeanor....so the cost should not be that high for an attorney to prepare and present the affidavits.  Additionally, after you obtain the dismissal, you can proceed to get ticket and charge expunged.


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