Q: Is "talking" for almost 2 months with weekend interaction only still considered "dating/ familly" ?
F3 assault family choking strangulation not even "together" but 2 months tops. Made it known from beginning we both just wanted to cool off. Its all one sided and not once asked my side or what i did because it was a mutal push and shove after he was attempting to not allow me to harm myself and i retaliated while inebriated at that. Feared telling SAPD my violent acts would land me incarcerated and kids taken. Not on bipolar meds since moving to Texas due to no affordable insurance. Prosecutor hates me and is seeking to charge us both and refusing to dismiss case or even lower to a misdemeanor as i dont believe its to be considered family/dating. No history, weekend socialization only, 8x or less, not living together, not sharing finances. Affidavit was written my detective because my hand was messed up and informed me to just sign last page and he'll fix errors later. Mistake! 2 months later they make cps case which led me to lose job and now homeless all because i don't wish to
A: Happy to discuss your criminal charges. Call 972 943 8500 to schedule an appt.
A:
Whether or not yours was a Dating Relationship is a fact issue. If you were having sexual relations then it will probably be considered a dating or former dating relationship.
This is what the law says:
"[D]ating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship [...]"
Also, you need to know that, according to Texas law, voluntary intoxication does not diminish criminal culpability... so be careful even going there because it can be taken to actually undermine your defense.
If he "was attempting to not allow me to harm [your]self" then it sounds like he initiated the physical contact, which may give you a good self-defense justification depending on whether the intent of your "retaliation" was to protect yourself from his use of force or to punish him for it... same action could be unlawful or unlawful depending on your intent. If your attorney can find reasonable doubt as to whether your use of force was justified, the question of strangulation/suffocation becomes meaningless... in other words, there has to be an assault before there can a strangulation assault.
Technically, you can only use force to protect yourself from another person's UNLAWFUL use of force. That's why you can't use force against a cop who is using force to make an arrest. However, the situation with the cop is not nearly as complicated as assuming his initial force was lawful pursuant to Penal Code 9.34... and the fact of the matter is that the reasonableness of the situation under 9.31 is to be evaluated from the defendant's point of view.
Bottom line is that you may have excellent defenses in the law but they are complicated and deeper into Chapter 9 of the Penal Code than most attorneys are willing to go, and that includes prosecutors. Unfortunately, a proper defense focused on trying to win a dismissal rather than a plea agreement will cost tens of thousands of dollars, and that is basically impossible with no job and no home unless you have a family member who cares enough to invest in your future or you have assets to liquidate.
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