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How to remove an agressive offense against a family member charge from record?
Arlington, TX
Viewed 8 times.
Posted 18 days ago in Criminal Defense
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I was charged with agressive contact with a family memeber and wanted to know how i can get it dismissed and off my record. the family memeber involved says he will help in any way as long as he is not affected either.
Answers (1)Paul Holt Walcutt
This attorney is licensed in Texas.
Posted 18 days ago.
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There is no such charge as aggressive contact in the State of Texas. You may be charged with a Class C Assault, where a person commits a crime if they intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. This is a fine-only offense in Texas with a maximum fine of $500. However, if it is committed against a family member, you are convicted, and you are charged with a family violence assault anytime in the future, that future charge could be enhanced to a 3rd Degree Felony (carrying 2-10 years in prison!).
The fact that the family member is willing to try to help is good for you. You should speak with a local criminal defense attorney about the possibility of getting this charge dismissed. He or she will no doubt try to get your family member to sign what is called an Affidavit of Non-Prosecution, wherein the "victim" doesn't deny previous statements to the police but asks that the charge not forward. While the family member can't "drop" the charges, their willingness to help you may ultimately encourage the prosecutor to do the right thing and dismiss. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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