TexasCHLforum.com

Thanks all for all of your help everyone.

I got this all taken care of.

The license was in the mail when I got home tonight!

I got it!

28 days total.

August 2nd application processing
August 29th Application completed - license issued or certificate active

Penal Code 22.01 - Class C simple assault


For the win!

Thanks everyone! Anymore insight is welcome and I will continue to keep you all updated on the status of my application.

§22.01. Assault.

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021 (b), 71.003, or 71.005, Family Code, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or

(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer.

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is

(1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or

(2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either.

(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or

(B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participants capacity as a sports participant.

The only way "family violence" can be called into play here is if it was a Class A assault on a member of the family/household etc.. The penal code does not associate class C assault with the family code.

I can't go to most of the links right now... or read that pdf. I will when I get home for sure thanks for them!

Any class A or B misdemeanor OR ANY violation under Texas penal code 42.01 (disorderly conduct) OR any domestic violence charge.

I just got off the phone with them this morning.
They said if it is not a "traffic" offense then I should probably put it on the application. What I am worried about is that because the citation says "family violence" and most people seem to think that is automatic domestic abuse. As defined by the Texas penal code (I read it this morning but I am not at my house so I don't have the link. I will post it later though.) Domestic Abuse stipulates that one party must be injured or have a realistic fear of violent assault.

If it was actually a domestic violence case the police officer would of had to arrest me or require me to leave the premises which neither occurred.

So I am going to send it on in with the ticket information on the application. The DPS CHL legal dept. said that it would be investigated locally and then the application process would continue.

And if for any reason it is denied I have a pretty good leg to stand on at the hearing that would surely occur. Considering Class C misdemeanor assault doesn't bar one from getting a CHL.

Awesome guys I just found this: There is not a Texas penal code statute entitled "Assault - Family Violence." Despite what offense may have been written on the magistrate's warning or bail bond, the actual offense is for "Assault". In Texas, an assault offense can range from a Class C misdemeanor (similar to traffic citation) to a felony. The charge is a Class C misdemeanor if the physical contact is merely regarded as " offensive " or "provocative". In those situations, the suspect usually receives a citation and promises to appear later in a Municipal Court where the maximum punishment is by fine up to $500.00.

My charge was "Assault - family violence" meaning it is for Assault.
Which my understanding class C misdemeanor assault does not effect eligibility.

KBCraig... You sir are awesome. That helped alot.

Well...since you asked for opinions....

Look at this as an opportunity to learn a GOOD lesson. It will be especially valuable now that you will be carrying a gun. You ~must~ really consider the consequences before "helping" another person. Don't be so quick to jump into someone elses business.

I know I'll probably hear differing opinions about being a good Samaritan... but you really can do yourself some damage by jumping in before thinking about the consequences, especially regarding the use of guns.

Oh believe me your opinion is highly regarded you are dead on sir. I have learned from my mistakes. It is one of the reasons I waited until I was 25... I started gaining things like "reason" and "common sense" around 22ish and now I am confident that I will use sound judgement for any future incident because I am older and there have been many other instances similar to the original problems that I have not acted in such a way but in a responsible manner.

Thank you txinvestigator that cleared some things up for me.

Target1911 did you include the charge on page 3 of the application?

What is under an information or indictment mean?

Frankie I do agree with you much.

I paid the thing thinking it would do no harm, I even asked the officer if it would effect me concerning firearms he said "no it's just a Class C" Oh well... at the time I couldn't even begin to afford a lawyer. So I just paid it.
Which has turned into a very big mistake. I was 23 at the time. So not a minor.

Seamus... nail on the head... adjudicated guilty/convicted/charged under indictment or information I have no idea what any of these mean.
I have never been taken into custody for anything...ever... the most I have ever had up until this was a speeding ticket about 4 years ago.

I think yeah the cops did stick it to me. The officer that I talked to did sign a "willing to testify" (or something that sounded very lawyery that means the same thing) document from my lawyer if it came down to it in the course of expunction or the DPS hearing.

One reason that I am willing to send it in before hand is:
A.) I'm impatient
B.) Why spend ALOT more money than I already have for a lawyer if it turns out that I don't even need to bother with it.

It makes sense to me but I've been wrong before.

I will keep everyone updated for sure.

I found this place looking for help and it is exactly what I am getting!

IANAL?
DQ'd?

My lawyer told me to put in the application while he tries to figure it.

This is infuriating that because of my drunk friend it is keeping me from getting my CHL.

I am trying to get as much information as possible and would like to hear as many opinions as I can.

Well I can purchase guns I have done so twice in the last few months.
A brand new .45 XD compact was one of them. This is of course after the ticket.

So this is confusing to me alot. I do have a lawyer who is very competent and told me that he could get it off my record.

Another thing I don't understand is that it doesn't show up in any federal background checks or DPS background checks... The only place it is, is at the PD who issued the citation.

First. Hi everyone.
Second.
About two years ago I recieved a class C misdemeanor for "assualt - family violence" Before I go any farther I want to say... no I do not beat my family members... My room mate was drunk and I tried to keep him from driving and I grabbed him on the shoulder so he called the police. The officer told me that since my roommate called and I touched him I would get a ticket. I was not arrested... I simply paid the 180 dollar fine and went on.

Question... Do I put this on the application on "page 3" under criminal history/arrests? if so will this automatically disqualify me. Or do they read the police report and make a judgement on character. The police report says what I said in my first paragraph.

I have even spoken with the officer who cited me last week and he says he will help me in anyway he can.

I already have taken the class and I need to know this before I send the packet in.

I have the "understanding" that if it is denied I can setup a hearing to potentially reverse the ruling.

What is the likely hood that it will be denied?

Thank you.