how can I get an assault by contact charge dismissed?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 New Link Destination
p Secret clearance and need this dismissed. do I need a lawyer for this?

Asked on December 19, 2017 under Criminal Law, Texas


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

Answered 4 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 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption