Boerne, TX asked in Domestic Violence for Texas

Q: I was charged with the family violence girlfriend saying I hit her in the face and I did not Hit her

I slap the sunvisor in the sunvisor hitter in the face and it was an accident and she thought I hit her with my hand but I did not and the policeman wrote up the report saying that I reached into the vehicle and pulled her hair and hit at her three or four times ,police officer said the sunvisor was not anywhere close to her face so I was arrested charge and went to jail the report does not match up to what I said and they’re thinking that the sunvisor was in front of her by the front window by the dashboard and it was not it was turned sideways by the door and I was standing on the outside and when I slept in it flipped up and hit her in the face so I need a aggressive defense attorney where I can sue the state and she’s wanting to drop the charges also

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: Suppose that Joe shot Steve with a handgun. How do you think it would go for Joe if his argument was "I didn't hurt Steve, the bullet hurt Steve. I didn't even touch the bullet. All I did was squeeze the trigger. Don't blame me, blame the bullet!"

If you intentionally, knowingly, or recklessly hit the sun visor, which caused the sun visor to flip up and hurt her, then you committed assault.

It sounds like the more serious accusations are that you pulled her hair and hit her three or four times with your hand. If that is not true, and she did not say those things to the officer, then your attorney will have something to work with... The first order of business may be to preserve the BodyCam or lapel microphone recordings from when the officer talked to the alleged victim. You'll be a lot closer to your goal if you can show that the officer's accusations were wildly exaggerated and don't match the statements given by the alleged victim.

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