Three kids in their early teens have been harrassing us for months. Sunday morning they scratched up my son's car and kicked our garage door leaving an indention and footprint. We heard them kick the garage door and we ran outside. They were running down the street. My husband chased after them and grabbed one of them by the back of their collar and one arm. Shirt came off and my husband realized was a girl and let her go. Her mother called police and charged my husband with assault to a minor. This is his first offensive with no record. How much could the fine be and can he be jailed? What charges could we be looking at?
Yes, it can be considered an assault or a battery or both.
Your husband needs a local criminal defense lawyer, now.
See my link below about talking to the police.
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--- Experienced Criminal Defense Lawyer in Madison, Wisconsin
--- Talking to the Police - Advice from Lawyers and Police
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Don't be surprised if the story the girl told to the police, and the story she is prepared to tell in court, is very different from the version you have posted here. You should retain an attorney experienced in the defense of criminal cases and you should discuss this matter with your attorney and with nobody else. Nobody means not the girl, not her family, not your family and friends, and absolutely not the police. And no imore internet postings, including Avvo.
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.
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.
Criminal Defense Attorney
You husband needs a good criminal defense laweyr IMMEDIATELY.
Why? Because apparently the person he tried to detain tells a very different story than your husband.
And, assaulting a child can be viewed as "injury to a child", a felony offense in Texas. Depending on the alleged injury, the possible punishment can range from 180 days in a "state jail" to lif in prison.
So, take no chances. Get a lawyer working on this today...the very best criminal defense lawyer you can afford.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.