Spring, TX asked in Personal Injury and Criminal Law for Texas

Q: I have been a victim of simple assault by an adult can I charge him with assaulting a minor? I turned 18 6 months ago.

I have an audio recording of the man putting his hands on me and pushing me. There is also multiple cameras on property that caught exactly what happened video and audio. I want to know if there is a way I can charge him with assaulting a minor concidering I turned 18 6 months ago.

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

A: Texas does have a crime called "Injury to a Child" but that only applies when the victim is 14 years old or younger. So it sounds like this would be a regular misdemeanor assault. However, if the person is a parent, step-parent, guardian, or otherwise had a responsibility for your welfare then they may have a defense because the use of force may be justified to discipline a person under age 18.

Citizens can report crimes to law enforcement but not actually charge a person with a crime. They will talk to you and perhaps review your recordings before they decide whether or not to pursue criminal charges. Although law enforcement can legally file misdemeanor assault charges for two years after the incident, the more time that passes the less likely they are to take the case.

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