Are there any mitigating factors regarding and assault for bodily injury charge?
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Are there any mitigating factors regarding and assault for bodily injury charge?
There was a party at my house and the cops were called because of noise. A friend of mine and myself asked everyone who could not show proper ID (to verify drinking age) to leave. One person wouldn’t show ID but would not leave. There was an argument and the person put their hand up at me. My friend hit her and it ended up being physical between the 3 of us. My friend and I were arrested for assault with bodily injury. Since this person was in my home and asked to leave multiple times before it got physical, what are the chances of my case being dismissed? Is there a lesser charge this could be filed under?
Asked on October 7, 2012 under Criminal Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Until I actually read the polcice report it is difficult to give you a detailed opinion as to mitigating circumstances as to the assualt and battery charge that you have facing you. However, self defense could be a viable defense for you. The victim's inability to recall events due to being intoxicated is another defense.
Given the situation you are facing, it is suggested that you consult with a criminal defense attorney to assist you in trying to resolve the matter that you have written about. Possibly the court could place you on court probation if you qualify and if successful in the probation, the charge could be dismissed against you. A lesser charge could be "criminal recklessness".
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