Q: My wife and I was arguing and My wife accidentally hit me with a shovel when she threw it out of frustration
I told the sgt that I didn’t want to press charges and he said he had to make a report or he could get in trouble and that the state could press charges if they saw fit but that isn’t what I would like it wasn’t on purpose
If your wife did not intentionally hit you, an experience attorney should be able to get case dismiss if charge is file.
Your wife may have to speak with victim coordinator and confirm she acted in frustration.
1 user found this answer helpful
A: Once the police are called, you lose control over how things are going to proceed. From what you describe. criminal charges will be filed. Start calling local lawyers. Good luck.
Kiele Linroth Pace agrees with this answer
Assault Causing Bodily Injury can be committed RECKLESSLY but not NEGLIGENTLY.
Assault by Offensive Physical Contact can only be committed INTENTIONALLY or KNOWINGLY not recklessly or negligently.
The prosecution must prove EVERY ELEMENT of the offense beyond a reasonable doubt... and that includes the culpable mental state. The definitions of these culpable mental states is found in chapter 6 of the Texas Penal Code: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm
The elements of Assault can be found in chapter 22 of the code.
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