Is it possible to drop/ reduce to misdemeanor class C/ a Assault and Bodily Injury Family Member charge ?

Asked over 2 years ago - Fort Worth, TX

On April 21, my girlfriend and I where arguing and I slapped her twice. She called the police and they arrested me... I was bailed out and am now waiting for the court date.
The victim is not interested in pressing charges for assault and we both hope that we could somehow reduce the assault charge into some sort of ""slap on the wrist"" instead of prison time since this is my 1st ""crime"" ever in the US., if dropping the charge is no option. I would also like to have an idea of how the process would usually work and what would be the cost. If possible I would also like to discuss whether the ""crime"" can be erased from my record since I am a Certified Pharmacy Technician and having such a stain as an assault charge on my record means the death of my career.

Attorney answers (3)

  1. Nathaniel Lewis Miller

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . A reduction of the assault charge to a Class C - Assault by Contact is possible, but ocurs completely at the discretion of the District Attorney's Office. Even if you are not offered a reduction, Tarrant County has programs available to first time offenders that would result in a dismissal of an assault charge after certain conditions are met during a probation-type period. You could then be eligible for an expunction which would erase all records related to your arrest and prosecution for the offense.

    You should hire an attorney as soon as possible to begin exploring these options. I hope you found my basic answer helpful. If you would like to discuss this matter further, you may find my contact information on my attorney profile. I wish you the very best.

  2. Scott Douglas Marquardt

    Contributor Level 14

    1

    Lawyer agrees

    Answered . As Mr. Miller said, it is a possibility. You definitely need to hire an attorney. The main thing in your corner is that the victim is uninterested in pressing for assault charges. You will need to file an affidavit of non prosecution with the Court. When she goes to the DA to tell them she wants to drop the assault charges, she will likely be subjected to all kinds of lectures about how the victim needs make sure her attacker is punished and the affidavit they give to her will be in the weakest terms. I also practice in Tarrant County and will be happy to discuss the matter further with you.

  3. Florencia Candy Rueda

    Contributor Level 9

    Answered . Yes it is possible to do so by negotiating with the State. In Travis county, this can occur depending on the fact pattern, the criminal history, the victims input, and other variables that are taken into account by the prosecutors. One thing to be warned of is that a reduction to a class c is not always the best when it comes to family violence. Even a conviction on a class c assault can have some negative impacts on you. Ask your lawyer about family violence findings and convictions and enhancements before you accept any deals.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.

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