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Can I be charged with simple assault and the sued for it?

Lubbock, TX |

I was involved in an accident with a woman where I was charged with DUIM. During the accident I assaulted the woman by hitting her in the face because I was not in a correct state of mind. I would like to know if I can be charged with misdemeanor assault, and then sued by the woman.

Attorney Answers 7

Posted

As a lawyer in Texas, I can tell you that if you struck the woman in the face, the district attorney's office for the county in which the battery occurred could bring charges against you. However, if you have not had charges brought against you yet, and you have already resolved the DWI issue, then I would suggest that the likelihood of charges being brought after the fact are limited, but it could happen and the statute of limitations on this misdemeanor offense in Texas is seven years.

As for the woman suing you, yes, she can sue you for assault, battery, intentional infliction of emotional distress and perhaps other civil claims. However, she may not do so because typically these types of civil claims are not covered by insurance, so there is little economic incentive to pursue this type of claim. She may bring a claim against you for negligence and state that you did not intentionally hit her, but rather accidently hit her. That type of claim would be covered by insurance, most likely, so there is a possibily that she could get paid some money damages by your Home Owner's Insurance Policy or Renters Liabilty Insurance if you carry such gernerally liability insurance. If you are uninsured, then the chances of her ever collecting money damages against you are slim to none unless you are independantly wealthy. In Texas you cannot garnish a person's wages to pay a civil claim.

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Posted

Yes, the criminal charges and civil action are both possible. Remember OJ? If you are charged, retain a criminal defense attorney, and make sure that attorney knows of your concern as to civil acton. Also, I suggest you ask your attorney to look over your insurance policy as to tort liablity.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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3 comments

Asker

Posted

Another question, wouldn't it be fraudulent to sue my auto insurance for injury in the car accident when in reality the injuries were due to my assault?

Asker

Posted

Another question, wouldn't it be fraudulent to sue my auto insurance for injury in the car accident when in reality the injuries were due to my assault?

Barry Franklin Poulson

Barry Franklin Poulson

Posted

I think the philosophy you are seeing is "sue them all; let the 'innocent' file motions."

Posted

You can be charged criminallty with assault and the DUIM. These are seperate from any civil case which is designed to reimburse the victom for her damages. She can file a civil suit against you for the collision and for the assault. You insurance should cover the losses from the collision. ANother note is that the assault and DUIM civil case could result in a claim for punitive damages. Finally in the criminal case, you could be ordered to pay restitution to the victim, In which case (if you pay it) you may get an offset from any civil judgment.

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Posted

You can be charged criminallty with assault and the DUIM. These are seperate from any civil case which is designed to reimburse the victom for her damages. She can file a civil suit against you for the collision and for the assault. You insurance should cover the losses from the collision. ANother note is that the assault and DUIM civil case could result in a claim for punitive damages. Finally in the criminal case, you could be ordered to pay restitution to the victim, In which case (if you pay it) you may get an offset from any civil judgment.

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Asker

Posted

Thank you for the quick reaponses, definitely faster than my attorney would answer me which I paid good money for. But another question would be, is it fraudulent to sue my auto insurance for injury in the car accident when in reality the injuries were due to assault?

Posted

Yes.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

What you did could subject you to both criminal and civil charges. I would suggest you retain an attorney.

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Posted

Yes, you can be charged in a criminal case with assault and, yes, the woman that you struck can sue you in a civil lawsuit for that assault.

You did not mention whether or not your victim suffered substantial economic loss or a personal injury. IF that is the case, you might be held responsible for medical bills, loss of wages, pain and suffering and the like.

You need to get to an attorney in the Lubbock area who practices criminal law. Do not hesitate. Matters can be more readily seen or recalled from a witness with a sharp, clear mind and your attorney may have to do a bit of investigation.

In any event, do not hesitate in consulting an attorney in your area about this potentially serious problem.

John F. Younger, Jr.

Very truly yours,

John F. Younger, Jr.

Mr. Younger is licensed to practice law in Texas. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Younger strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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