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!
A:
Every person has a right to a fair public trial, but a person does NOT have the right to not be falsely accused. Anyone can be arrested and put in jail for anything. The driver could be jailed for assaulting the Tooth Fairy and the fact that there is no such thing as a Tooth Fairy is a great defense, but it won't stop the arrest.
That being said, if both the witness testimony and other evidence supports the facts are as you describe them I am confident a good criminal defense attorney could win the case for the 17-year-old even if the 21-year-old suffered permanent disfigurement or death, assuming the 17-year-old did not provoke the difficulty, was present in a place he was legally allowed to be and was not otherwise engaged in criminal activity.
The reason is that the use of DEADLY FORCE is presumed reasonable against a person who unlawfully and with force enters your occupied vehicle or attempts to remove you from your occupied vehicle... and all the defendant needs is REASONABLE DOUBT that the 21-year-old might have been trying to do that.
The damage to the truck could be CRIMINAL MISCHIEF and that creates a separate justification based on protection of property... and if it was night time then there are situations where deadly force can be used to protect or prevent escape.
There are a bunch of technicalities that apply to these legal justifications for the use of force so many attorneys are shy about using them ...m but they are incredibly powerful when the facts fit the law! See chapter 9 of the Texas Penal Code for details on self-defense, protection of property, and the use of deadly force in both situations. The reason we need to look at deadly force is (1) the presumption of reasonableness that can benefit the defendant and (2) the possibility of "permanent disfigurement" with a broken nose.
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.
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.
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