Richardson, TX asked in Criminal Law and Family Law for Texas

Q: girlfriend is being charged for assault on family member, based off the description is there any way to avoid the charge

My girlfriend and I got in an argument last night. I tried calming down the situation by separating us but she had an assignment due the next day and needed my laptop. I was trying to go back to my apartment with my laptop so we could both relax and she was holding onto my shirt so I couldn't get away. The shirt gave me some irritation on the side of my neck where the shirt was rubbing against and I had some scratches from where she was holding onto the shirt. My shirt also ripped. But throughout this event I was never in any fear and I was never hurt by anything she did. I also hit her while trying to get away. At the end I decided fighting wasn't worth it and I gave her the laptop and we were both leaving. As she was driving away and I was walking to my apartment the police arrived because someone had called them. Neither of us called because neither of us felt threatened. My girlfriend ended up getting arrested and is now facing charges for assaulting a family member.

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1 Lawyer Answer
Robert Sterling Guest
PREMIUM
Answered

A: No one can offer up a complete case defense based on a one paragraph description. You need to hire a lawyer immediately who has experience getting family violence cases dismissed. There are a lot of ways to defend these case. While your version of events is important, you also need to know - What did the police put in their reports? Is there a 911 call? Is there any body-cam video? Did the police interview any other witnesses or take any pictures?

All those things determine how to best defend an assault case.

Kiele Linroth Pace agrees with this answer

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