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I was involved in altercation with my wife, and unaware of the consequences, my wife called the police. She was given a municipal citation for domestic assault, and I expect to receive a citation for the same thing in the mail. After almost 20 years of marriage, she had no idea of the drastic consequences this is now going to cause over this entirely petty one of a kind altercation between us. If I'm convicted of this, it looks like I'll be losing my 2nd amendment rights forever. Anyone able to recommend a good attorney in Brazoria county?

Derek S. Hollingsworth 713-652-9000. Derek's office is in downtown Houston, but Brazoria County isn't far away.

Chas.

I know if it's a minor, even if they drop charges, the State of Texas will pick it up... but shouldn't your wife of over 20 years be able to drop charges without any after effects?

Forgive my ignorance, I'm just curious how that works. If she refuses to testify would they use her statement in court against her wishes?

Fangs wrote:I know if it's a minor, even if they drop charges, the State of Texas will pick it up... but shouldn't your wife of over 20 years be able to drop charges without any after effects?

Forgive my ignorance, I'm just curious how that works. If she refuses to testify would they use her statement in court against her wishes?

IANAL or LEO but in the case of domestic assault its no longer as simple as the other person "dropping it". Alot of places anymore are forced to take at least one person in if they have to report to any DV case.

As for her statement, the words "anything you say can and will be used against you in a cort of law" rings true. I would think it would be entered as "evidence"

If both of you refuse to testify against the other the case won't go anywhere. Get a lawyer but contact the the city attorney prosecutors office and tell them you don't want to testify.

gigag04 wrote:If both of you refuse to testify against the other the case won't go anywhere. Get a lawyer but contact the the city attorney prosecutors office and tell them you don't want to testify.

. . . and hope they don't have enough evidence from the on-scene statements (if any) and photographs (if any) to prosecute without testimony!

dtpiece wrote:I was involved in altercation with my wife, and unaware of the consequences, my wife called the police.

A few questions...if I may.

What actually happened? "I was involved in an altercation" is painfully vague. I your post you words like petty and one-of-a-kind. Instead of using words to minimize what actually occured, can you describe the situation?

Class C assault is either done by threat, or by offensive contact. In order for either of you to receive the citation, you either threatened to harm the other, or touched the other in a way that was offensive (ie push, slap, kick) but did not cause visible, or internal injury. If either of these are the case, I would reconsider you having guns in the house anyway. If a person cannot control their emotions as such to restrain the above behaviors, having firearms just adds fuel to already burning flame.

I'm not speaking to the legitimacy of all Assault/FV cases. I'm just asking some questions and offering some free advice in regards to a single situation.