Lancaster, TX asked in Criminal Law for Texas

Q: I have 3 pending class c misdemeanors for disorderly conduct discharge disarm, can a witness testify against me?

On May 25th my eldest child was in trouble for bullying at school, which led to me disciplining her. While getting onto her my neighbor, came beating on my door. After the 2nd time he punched on my door and I was met with no response, I opened my door and there he stood. After explaining that my child was being disciplined I shut my door, and continued to speak with her about her behavior and how she could be forever labeled a bully. Maybe an hour later , I attempted to go to the store to get dinner and was met with derogatory insults from my neighbor and that turned into an argument. As the exchange became more derogatory, he proceeded to make threats of how he would kick my door in. Being 2 months pregnant at that time, I was super offended and continued to engage in an argument. My neighbor proceeded to jump his balcony with intentions to fight me for verbally retaliating. When he made it halfway to me, I discharged my fire arm and he halted. The police came after the dispute

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1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
  • Criminal Law Lawyer
  • Houston, TX

A: The District Attorney can call any witness he or she wants in the efforts to find you guilty of a crime. What's important is that you can also call up any witness you want to defend yourself. It sounds to me like you were justified for what you did.

I would see a lawyer who is experienced in criminal law, so you can prepare your defense. It would help you if you can uncover proof that your neighbor is violent or a trouble maker. Next time the neighbor tries to talk to you or comes near you, you should record him. You need to be cool at all times. I believe you have a good defense for your case. Showing that you feared him is a big part of your defense.

Good Luck!

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