DO NOT TURN YOURSELF IN WITHOUT A LAWYER. You need to contact a criminal defense lawyer immediately and make a plan for how to proceed. Intoxication assault is a 3rd degree felony in Texas, you are facing 2-10 years in prison. It's not time to go it alone. You need professional legal help now. Most defense lawyers (including our firm) offer free consultations. You need to schedule one ASAP.
This is not a privileged forum and you should not post anymore details about what happened online. I would recommend you schedule a consultation with a local criminal defense lawyer to discuss your options. One statute that could get this adult in trouble is
§ 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this
(1) "Minor" means:
(A) an individual who represents himself or
herself to be younger...
Could it be considered assault? Sure. Anyone can call the police and say they were assaulted; and a prosecutor could decide to charge someone based on the scenario you posted, however inequitable that would seem. It's important that you find a local defense lawyer to help your husband. Do not talk to the police without an attorney. You do not know what this girl said to the cops, and you do not know if the police already believe her.
You need a local defense lawyer to advise you. Every prosecutor is different. Some offer better deals before trial, some revoke all plea offers and get ready to try the case. It's very localized. If you are set for trial, you should have a lawyer assisting you. Ask your lawyer about her experiences with this prosecutor and what to expect.
Yes you need a lawyer. We have a lot of experience with CPS and understand what you are going through. CPS is going to bully you and push your around until you get a lawyer to help. That's what they do, take your children so you will sign whatever they put in front of you.
If the probation revocation has already happened you will need a lawyer who handles writs/appeals. Search Avvo for a writ/appeals lawyer and schedule a consultation. Hire the best lawyer you can afford. If your uncle is indigent, he may have been appointed a lawyer for appeal. Find out and contact that attorney to see what can be done.
First, you husband does not want to file his own appeal. That's a horrible idea. If he is indigent he should have a lawyer appointed to his appeal. If he does not have court appointed counsel he should apply for court appointed counsel immediately. If you are not satisfied with court appointed counsel then hire the best appellate lawyer you can afford.
Felony appeals are very difficult to win for the most experienced defense lawyers. Your husband has no chance of winning on appeal without a...