Austin Criminal Defense Lawyer: Jamie Spencer

Texas law defines Class A Misdemeanor Assault with Bodily Injury very broadly.

When the general public hears that someone has been arrested for Assault, they typically imagine that the person is accused of seriously hurting someone. 

In actuality, assault can mean unwanted physical contact and ‘bodily injury’ can mean any complaint of pain.  I normally explain it that there is a bell curve that criminal assault charges cover in Texas. 

As long as the police write in their report that the complainant (who they refer to as the ‘victim’) said ‘ouch,’ or that it caused them pain, an arrest will be made. 

A Common Misconception 

It is not up to the complainant (i.e. ‘victim’) to press charges or to drop charges.  The State has the option to proceed, whether the ‘other party’ wants them to or not. 

However, it is common in these cases for both parties to be in my office at the same time; and both want the case dismissed.  (Perhaps it goes out without saying but: all of my clients want their cases dismissed.) 

If the other party wishes to, I always meet with them separately to see whether or not they wish to sign and notarize an Affidavit of Non-Prosecution.  This is not a magic bullet that forces the State to dismiss the case, but it can be very helpful in terms of trying to negotiate a dismissal with the prosecutor prior to jury trial. 

Family Violence / Dating Violence 

Assault with Bodily Injury ‘Family Violence’ (or ‘Dating Violence’) is by far the most frequently filed type of assault case in Austin, Tx. 

Family is defined to mean what you think it means: a parent, spouse, sibling or child… as well as what may surprise you: an ex-wife, a roommate.