Dallas, TX asked in Criminal Law for Texas

Q: Assualt charges?

A group of teens were parked at a local hangout with drivers window down. My son (17 yrs) and two friends (17 & 16yrs ) were in the back seat. The driver (17 yrs) of the truck and passenger (17 yrs) were talking to a friend who was standing outside the vehicle. Another truck pulled up and parked beside them. An occupant (21 yrs old) exited the truck and approached the vehicle with my son in it, reached in and began choking the driver. The driver was trying to defend himself all while still seated in his truck and struck him in the face possibly breaking his nose. The 21 yr old also damaged the truck by coming through the window. The law was not contacted as of yet, or that we are aware of. Does the 17 yr old driver face any charges for assault? I am unsure and concerned even though he was attacked!

Related Topics:
2 Lawyer Answers
Staci Krause
Staci Krause
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If the 17 year old driver was defending himself from being choked, he would be not guilty of assault. That doesn't mean that charges won't be brought. Officers aren't trained in defenses - they are legal in nature and often have to be fought out in court. However, I would be very surprised, if the facts are as you say, that the 21 year old would report this to the police. The 21 year old, based on your fact pattern, is clearly guilty of assault and could even be arrested and charged for assault-choking, a felony in Texas.

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Does the version of the events reported to the police match the same story related to you by your son? What is the 21 year old telling his family? Call an attorney if your son is contacted by a detective. Good luck.

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.