Assault & Battery Class C assault

[Rusty spell]

Jurisdiction

Texas

Hello. I will jump right into my problem. Last night my mother in law yelled at me, she pushed me, she spit in my face and punched me in the testicles. Infront of my 6 year old daughter and her 29 year old daughter. I live with them and my 4 kids. She even slapped herself and told her daughter "see he hit me you better take my side". I called the police and they came and did their invesigation. I ended up going to jail for class c assault. I never once laid my hands on her or threaten her in any way. I made sure not to. Im not dumb. She lied to the cops. She also tried to frame me by saying i had marijuana. Which was not mine. She gave the police a pipe and small amount of weed. I told them it wasnt mine. Because it wasnt. They didnt believe me and they took her side. I got bailed out and have a court date coming in the mail. I have the $500 fine. Im seeking legal advise because my kids witness this and are scared and now their not letting me come back. I was wrongfuly arrested. How can someone spit in their face, pushes them, and punches them in the testicals infront of little kids and nothing happens to them. And i get arrested. This is not fair and im very upset.

 

[mightymoose]

In domestic violence matters the police are often required by statute to make an arrest. I wouldn't fault them too much here.

Did your witnesses provide a statement to contradict the accusations? Were there any visible injuries, regardless if self inflicted?

The information you give, off true and complete, indicates to me that this will likely be pushed through the system without much action.

As a domestic violence or assault case it seems weak (if no injury).

Any attorney can make quick work of the marijuana. It was apparently not found in your possession but given to them by a biased 3rd party.

A frustrating experience, but I think you'll come away unscathed in the end with good representation.

 

[army judge]

Hello. I will jump right into my problem. Last night my mother in law yelled at me, she pushed me, she spit in my face and punched me in the testicles. Infront of my 6 year old daughter and her 29 year old daughter. I live with them and my 4 kids. She even slapped herself and told her daughter "see he hit me you better take my side". I called the police and they came and did their invesigation. I ended up going to jail for class c assault. I never once laid my hands on her or threaten her in any way. I made sure not to. Im not dumb. She lied to the cops. She also tried to frame me by saying i had marijuana. Which was not mine. She gave the police a pipe and small amount of weed. I told them it wasnt mine. Because it wasnt. They didnt believe me and they took her side. I got bailed out and have a court date coming in the mail. I have the $500 fine. Im seeking legal advise because my kids witness this and are scared and now their not letting me come back. I was wrongfuly arrested. How can someone spit in their face, pushes them, and punches them in the testicals infront of little kids and nothing happens to them. And i get arrested. This is not fair and im very upset.

You appear to be the victim of two against one.
You desperately need the services of a criminal defense attorney.
I suggest you hire one.
Don't plead guilty.
Appear in court and plead NOT guilty, admit to nothing, don't even try to explain.
Right now, NO ONE, as in NO ONE of importance surrounding your case is going to believe a thing you say.
So, be smart, and don't say a thing.
You have a right to remain silent.
Your ONLY lifeline at the moment is to ask for a trial and demand a jury trial.
That is where your lawyer can force the state to prove its case.
The police had no choice, because someone had to go to county.
The TWO tagged you, making you that SOMEONE.

Stay away from that home, stay away from your kids.

The time will come to work that out, but that time isn't now.
Any domestic violence conviction can destroy your life.
Its about far more than a lousy $500, if as you say, you aren't guilty.

 

[Rusty spell]

Thank you for your advice. My witness did tell the police what happen but they didnt believe her. If the mother inlaw doesnt press charges and i go to court what then? Im so confused right now. Your right, its not about the $500. Its about whats right and whats wrong and im on the right side but dealing with the wrong. I feel abused. I dont have a big enough place to house my kids right now. My girlfriend which is the mother of my kids trust me that i didnt do anything and knows her mother is like this. She has done this before against her. Hurts herself and says others hurt her. I just started working again. I took off for over a year to stay there and raise my kids because noone else was doing it. It was complete chaos over there and since i moved in i totally changed the house and kids in a very very good way. I was and still am the best thing for my kids. I dont think they charged me for the marijuana. I even told them i took a drug test last week for my new job. Which i did and passed. Im a good person with a good heart and i dont deserve this. That woman is evil. I saw it in her eyes as she spit in my face. And she has my kids. I dont have the money right now for a lawyer. I will call around and see if i can find one that will take this case and accept payments. Hope they wont cost much. And im not guilty. It sad that noone will believe that. It really is. I should not be going through this.

 

[leslie82]

Thank you for your advice. My witness did tell the police what happen but they didnt believe her. If the mother inlaw doesnt press charges and i go to court what then? Im so confused right now. Your right, its not about the $500. Its about whats right and whats wrong and im on the right side but dealing with the wrong. I feel abused. I dont have a big enough place to house my kids right now. My girlfriend which is the mother of my kids trust me that i didnt do anything and knows her mother is like this. She has done this before against her. Hurts herself and says others hurt her. I just started working again. I took off for over a year to stay there and raise my kids because noone else was doing it. It was complete chaos over there and since i moved in i totally changed the house and kids in a very very good way. I was and still am the best thing for my kids. I dont think they charged me for the marijuana. I even told them i took a drug test last week for my new job. Which i did and passed. Im a good person with a good heart and i dont deserve this. That woman is evil. I saw it in her eyes as she spit in my face. And she has my kids. I dont have the money right now for a lawyer. I will call around and see if i can find one that will take this case and accept payments. Hope they wont cost much. And im not guilty. It sad that noone will believe that. It really is. I should not be going through this.

Your mother in law does not get to press charges. That is up to the county attorney/DA.

The police arrest someone based off what they see when they pull up. Unfortunately you have to go to court for this but as stated you are probably going to come out of this with no issues.

I think you need to get out of that house with your kids as soon as you possibly can. You can get a free consultation from most lawyers. Find the ones with free consultations first. You'll get about a half hour with them.

Why does she have your kids? Where's the mother? Is she the 29 year old daughter?

 

[Rusty spell]

Me and the mother had hardships and had to move in with her parents. The 29 year old is the other daughter of my mother in law. The mother of my kids works 2 jobs so she is hardly ever there. I just started working again so it will be some time before i can get a 3 bedroom apartment. I moved in with my dad right now. They are wanting me to come back right now. I honestly dont want to but i miss my kids dearly. I cannot thank yall enough for your time and knowlege. Thank you.

 

[army judge]

Me and the mother had hardships and had to move in with her parents. The 29 year old is the other daughter of my mother in law. The mother of my kids works 2 jobs so she is hardly ever there. I just started working again so it will be some time before i can get a 3 bedroom apartment. I moved in with my dad right now. They are wanting me to come back right now. I honestly dont want to but i miss my kids dearly. I cannot thank yall enough for your time and knowlege. Thank you.

Stay where you are.
Don't even return to that madhouse of psychopaths, liars, and MAN beaters to visit your kids.
You go back there, you'll get a BIGGER charge, made up by the lying, howling, female hyena that leads that bunch of potential criminals and false accusers.

Yes, you love your kids.

But, going back there EVER (unless the police are present) is the DUMBEST thing you can do.

Sure, you miss your kids.

Do want the father of your kids, YOU MATE, to get charged with a felony?

Or, worse yet STABBED< BEATEN, SHOT, or maybe even MURDERED?

Going back there even when this is finished will only give that savage beats another crack at your head, heart, abdomen, leading to your final destruction.

In fact, don't call that home.

Don't write emails, or even text that home, or anyone in that home.

There is an order of protection against you.

Those hyenas are trying to SET YOU UP for a very big fall.

Stay with your dad, work hard, talk to your lawyer, and have no contact with your kids or the hyenas.

Trust me mate, I'm trying to help you.

Quietly wait this out.

 

[Rusty spell]

My dad is saying the same thing. My friends are saying the same thing. Stay the hell away and have no contact. They also put child support on me although i have been living with my kids. Putting them in school. Doctor visits. Dentist. Baths. Meds. Bed times. Cleaning. Cooking. Making a garden with my kids building memories. My oldest son has autism that i take care of. They listen to me. They dont cry with me. Search me on Facebook. Rusty spell. Im white. Blonde hair. Wearing shades in profile pic. You can take a glimps into my life. Im a proud father. I dont deserve this from anyone. Yall are awesome to have a site that helps those in need. Thank you a million times.

 

[army judge]

My dad is saying the same thing. My friends are saying the same thing. Stay the hell away and have no contact. They also put child support on me although i have been living with my kids. Putting them in school. Doctor visits. Dentist. Baths. Meds. Bed times. Cleaning. Cooking. Making a garden with my kids building memories. My oldest son has autism that i take care of. They listen to me. They dont cry with me. Search me on Facebook. Rusty spell. Im white. Blonde hair. Wearing shades in profile pic. You can take a glimps into my life. Im a proud father. I dont deserve this from anyone. Yall are awesome to have a site that helps those in need. Thank you a million times.

Yes, it must be tough to be separated from your children.
I feel the love you have for them.
I bet you're a very loving, caring dad.
However, you're in the fight of your life.
If you go to jail or prison, you'll really be separated from your babies.
So, take it slow, follow your dad's advice.
What you're experiencing now is nothing compared to prison.

 

[Rusty spell]

Update. I got a meeting with a lawyer tomorrow. He says it will be a flat fee of $200. I feel pretty good after the talk with him. Like i said, i never once laid a hand on her and i hope this lawyer can get the phone call when i called my girlfriend when i was in jail. She said her mom has hit herself and said she hit her and is like this. I hope this goes well and i dont have a record. I shouldnt be going through this. Im a really great guy. Im always the one who protects people and im non violent. I respect law enforcement. I thank yall again. I will post when i have new info. Thanks!!!!!

 

[army judge]

Update. I got a meeting with a lawyer tomorrow. He says it will be a flat fee of $200. I feel pretty good after the talk with him. Like i said, i never once laid a hand on her and i hope this lawyer can get the phone call when i called my girlfriend when i was in jail. She said her mom has hit herself and said she hit her and is like this. I hope this goes well and i dont have a record. I shouldnt be going through this. Im a really great guy. Im always the one who protects people and im non violent. I respect law enforcement. I thank yall again. I will post when i have new info. Thanks!!!!!

Good news, unless there is some "hanky panky", all inmate calls from county jails are recorded.
Occasionally a tape can "go missing", or "accidentally gets erased".
Let's hope the one you mentioned is intact and easy to understand.