Assault & Battery simple assault cited thru mail

[Rambo]

Hello.....
I RECEIVED A SIMPLE ASSAULT CITATION IN THE MAIL FOR AN ALTERCATION THAT WAS FALSIFIED, NOT TO MENTION I HAD A WITNESS ON MY BEHALF, THAT IS FRIENDS OF BOTH PARTIES THAT SPOKE WITH THE DETECTIVE AND ASSURED HIM THERE WAS NO PHYSICAL CONTACT OR ALTERCATION OF ANY SORT.... AND I STILL RECEIVED A CITATION IN THE MAIL...HOW IS THIS POSSIBLE? AS WELL THERE WAS AN ERROR ON THE CITATION ...OF THE WRONG MAILING ZIP CODE? DOES THIS MATTER?

 

[mightymoose]

The ZIP Code does not matter. The citation is the beginning of the process not the end. Having received a citation does not mean you are guilty. Show up in court and defend yourself. Do not ignore this or you could end up with bigger problems.

 

[army judge]

Rambo hello:

Let's start our discussion with what constitutes "simple assault" in Texas.

A simple assault that involved threatening or touching is usually charges as a Class C misdemeanor under Texas law.
A class C misdemeanor carries a penalty of fines of up to $500.

That same threatening assault against a senior citizen, a disabled person, or a mentally challenged person would become a Class A misdemeanor.
If the assault was perpetrated against a sports official/referee/umpire, it would be charged as a Class B misdemeanor.

A simple assault that results in minor injuries is usually a Class A misdemeanor under Texas law.
A class A misdemeanor carries penalties of fines of up to $4000, and up to 1 year in jail.

Okay, you still with me, Rambo.
It gets better.

A simple assault can become a 3rd degree felony assault if it was:
> committed against a public servant or government official
> committed against a security guard or emergency services worker
> committed against a family member, a person with whom you have a domestic relationship, and you have a previous domestic violence related conviction.
A third degree felony offense carries a maximum penalty of 10 years in prison, and a $10,000 fine.


You don't want to be charged with a simple assault or its "kissin' cuzzin", an aggravated assault.
Neither one will have any positive impact on your life.
Texas prosecutors tend to vigorously pursue these kinds of cases.
The smaller the county's population, the more aggressive it seems these kinds of crimes are pursued and treated very seriously.

If you get convicted of Assault A, B, or C; you're likely to face steep fines, exorbitant court costs, ordered to perform hours of community service, find yourself on probation (where you'll pay MORE fees, fines, and costs).

More than likely, you won't see jail time, especially if you're out on bail presently.

You need to hire yourself an attorney.
If convicted, a criminal conviction will stain your record forever.
Despite what you may have heard about "deals", they keep you out of jail, or keep the financial pain down.
You'll always be a convicted "simple assailant", and it can sometimes interfere with things you might want to do or be one day down the road.
You are not required to have an attorney in Court, but you may hire one if you wish.
Why would you do that?
Because, the government doesn't provide public defenders for these kinds of cases.
However, The District Attorney will have an assistant attorney present in court (the charging police officer and a DA Investigator) to prosecute the case against you.
You can't take as bad a lick for a speeding citation (75 in a 60) as you can on this kind of case.

Be advised, these kinds of courts are jokingly referred to as LIARS COURT.
Its not so much the police or the prosecutor lying on you, its the reporting party or the victims, who often use these courts to exact revenge for themselves or avenge their pals.
Your case will be heard before a Justice of the Peace, or a Municipal court Judge (read EVERYTHING on your citation for exact details).
Those are the lowest level courts in Texas.
Other than Class C misdemeanors, they hear traffic cases, and local (county or city) ordinance violations.


Okay, there you have it.
Good luck, and don't discuss this with any of those people.
If you've been told to stay away from Joe, Mary, Billy, or Thugdaddy; be smart and just keep your distance.

​

 

[Betty3]

The bottom line is you can show up in court & defend yourself or you can hire a lawyer to help you. army judge gave you the possible consequences.