Frisco, TX asked in Criminal Law for Texas

Q: class A misdemeanor for assault causes bodily injury family member. How do i get removed from my records

I was charged with a class A misdemeanor for assault causes bodily injury family member after a domestic dispute with my wife in which I reached for the remote from her and grabbed her arm to retrieve it after she would not give it back. She called the police and later called back to have the dispatch cancelled but they arrived anyways and I was arrested. The following morning the bond was set at $2k and my wife took care of having me released. She told the officers prior to my arrest that I was not a threat and that she didn’t want this to appear on my record and that she called out of anger but they didn’t listen. I was told I would be given a court date and my wife would like to testify that she overreacted due to her anger issues and that I did not try to hurt her.

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3 Lawyer Answers
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: The State can prosecute a person believed to have committed a crime even if the alleged victim tells them that he or she does not want the case prosecuted. You will likely need to have a lawyer to help you in this situation. If you are in our geographic area, we would be happy to help.

https://www.attorneyrickdavis.com/

Kiele Linroth Pace agrees with this answer

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

A: Hire the best local criminal defense attorney available and follow that attorney's advice to the letter. Focus on winning your case because if you lose or settle for deferred adjudication the arrest will be permanently on your record.

Jorge Vela II
Jorge Vela II
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Texas code of criminal procedure 14.03 mandates that officers remain on scene to investigate an allegation of family violence.

"If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer SHALL remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence." [emphasis added]

What is does "reasonably necessary" mean? How long must they remain on scene until an allegation is "verfied"? How do we know when something is actually verified? How much easier is it for an officer to just make an arrest and avoid violating the statute all together?

One thing is clear, the law treats domestic assault allegations much differently than assaults against a stranger. The general concern among law enforcement and prosecutors is that an individual accused of domestic assault may have control or power over the alleged victim. This power/control dynamic may make it more difficult for the alleged victim to come forward or continue with charges. Becuase of this concern, prosecutors are generally less likely to dismiss these cases, even when the alleged victim has recanted his/her allegations.

Domestic violence cases present many complications for the accused. Which is why it is important to hire an attorney with experience. Feel free to call our office for a free consultation.

www.jorgevelalaw.com

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