Assault & Battery Misdemeanor Assault with Bodily Injury

[kmfree]

My husband is being charged for assault with bodily injury. The day that the incident occured, both parties were told to come to the station and make a statement. This morning, a warrant was issued for him and he turned himself in, bonded, and is now free. My question is this: how should he plead? He did hit the other guy, be he feels as if he was provoked? Should he speak to a lawyer before the court hearing? It's in two weeks. Should he plead no contest and just take the punishment, or should he fight it?

This is a disagreement between brothers. Thirteen months before this incident, the brother assaulted their step-brother, but there were no charges filed against him. Suddenly, someone assaults him, and now it's a big deal. This is not the first time that this has happened, only the original assaulter decides to file charges when he becomes the one that isn't dishing the violence.

What should we do? We can't afford a lawyer. I know that the Miranda Rights state that if you cannot afford a lawyer, one will be appointed to you. What steps do I take to get that court-appointed defender?

Thank you for your help

 

[CdwJava]

At his arraignment, if he cannot afford an attorney one should be assigned to him. You do not indicate your state, but I imagine that assault with bodily injury can be a serious offense, so he really needs to speak with one.

Oh, and being "provoked" is not going to justify smacking someone to the point of causing injury. Being "provoked" is not - by itself - going to justify a claim of self defense.

- Carl

 

[kmfree]

I am not trying to get this whole situation justified with self defense. He did hit his brother. I don't know if this is an arraignment or not. I have no idea what is going on. I am wondering if he should have told someone at the police station that he wanted to speak to an attorney. We are in Texas and I believe that this is a Class C misdemeanor. I am not wanting for this to just go away. I understand that this whole situation is stupid. I am just wanting to know what we need to do. I have looked up what the punishments are for this offense, and I'm not that concerned about the fine we will have to pay. I am not concerned about anything but the court date. We have never been through anything like this and we are scared and don't know what to do.

He wasn't really arrested, so will he have an arraignment? I mean, this happened about three weeks ago. When it happened, he had to go to the police station and fill out a statement. We were told that he wouldn't be arrested and that he would receive something in the mail concerning a court date. Then, yesterday, an officer showed up at his mother's home saying that they had issued a warrant for him that morning. She immediately called my husband, and he went and turned himself in. The bail bonds woman met us there and it was that easy. He wasn't put in cuffs or a cell. They just fingerprinted him, took his picture, told him what his rights were, etc.

thank you for your reply.

 

[CdwJava]

The first court hearing is almost certainly the arraignment. The warrant was issued, he was arrested, booked and released, and now he has to attend the arraignment.

At this point he needs to speak with an attorney so that he can know what his options might be.

- Carl

 

[kmfree]

Ok...we have spoken to my husband's brother and he has agreed to drop the charges. If the charges get dropped, will this still be on his record?

 

[CdwJava]

He does not get to decide to "drop" the charges, the state (through the Distirct Attorney) makes that decision.

If the DA decides to drop the matter, yes, the matter will still be documented on some record with the law enforcement agency and the court. Whether it is on his state criminal history or not will depend on what the rules or laws in Texas might be. I suspect that the arrest will remain on his state record, but if the charges are dropped that will also be reflected.

- Carl