I received a ticket for assault and so did the other party. What type of charge am I facing for this and do I need a lawyer?

Asked 11 months ago - Houston, TX

My mother came to my neighborhood and kidnapped my kid on the walk home for 2 hours. I called her and asked her did she has my son? she satated no and she would come and help me look. My husband and I went back to the school and they states they would call the school Police. My husband and I looked all over via foot thru the subdivision and couldnt find him. My mom pulls up infront of my house and states she has him in the car. She pushed me as I got him out and I pushed her back hard and cursed her out. Her and another person whom car she was riding in called the police and said I assalted her. The police came out and she was in tears acting. He took her side of the story and didnt put the word kidnapping in the report. We both got tickets for assulting each other.

Attorney answers (4)

  1. JaPaula C Kemp

    Contributor Level 16

    3

    Lawyers agree

    Answered . Hire an attorney to assist you. Based on your facts, its seems your mom was the initial aggressor and you did not use unreasonable force in defending yourself. Having a lawyer will increase your chances of having a favorable outcome. Good luck!

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  2. Jared Seth Robinson

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . It sounds as though each of you received a Class C ticket for offensive touching. Many JP and Muni courts do not require individuals to appear with counsel. I however would never recommend this tactic. No matter how insignificant this charge may seem, you never know how this will be perceived in the future. Hire an attorney.

  3. Daniel Nelson Deasy

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . First, you do need a criminal defense attorney.

    Second, there is no privacy on a message board so don;t put anything else on-line about this incident.

    Finally, your case is quite defensible. Make sure you share all details with your attorney.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. James Regan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Fight it by getting an attorney. You are presumed innocent until proven guilty beyond a reasonable doubt.
    Go to Trial: Crash the Justice System: http://www.nytimes.com/2012/03/11/opinion/sunda...
    Not contemplated by the Framers! The Devil’s Bargain: "95 percent are resolved by plea bargains." http://shar.es/xdVIY #cjreform

    Good Luck,

    JR

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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