Wimberley, TX asked in Criminal Law and Landlord - Tenant for Texas

Q: Who do I call after my landlord assaulted me? What kind of lawyer do I need?

May 30th 2019 I was assaulted by my landlord. He was charged with unwanted contact. How can I enhance these charges? I have a email account typed by myself of the incident that I sent to the officer who was on scene at the time. I will provide it to anyone who wants the details and is willing to help. Thank you.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The next highest level of assault is Assault Causing Bodily Injury. You didn't mention whether or not you were injured, or if you even experienced physical pain.

A criminal case is State of Texas vs. Defendant... not Alleged Victim vs. Defendant. The alleged victim is not a party to the case and lacks standing to enhance the charge.

A county prosecutor, acting as attorney for the State of Texas, would be able to charge a higher level offense if they believe that there is evidence that proves you were injured and that the landlord's use of force was not legally justified. However, the defense obviously will point out that the investigating officers thought it was only Assault By Contact and they will imply that the officer did not believe you were injured.

You might hire a Personal Injury attorney if you had medical bills relating to the assault which were not covered by insurance it might be possible to sue for recovery of those amounts.

You might hire a Landlord/Tenant attorney if you want to get out of your lease.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.