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Is this assault and strangulation a felony even though it was my daughters boyfriend and not a family member?

Corpus Christi, TX |
Filed under: Felony crime

An injury that requires treatment is legally considered aggravated assault. I was physically forced and my phone was taken from me when I wanted to call 911, I was held by the arm and brought to my knees on hard asphalt and broken beer bottles, resulting in a gash on my right knee and many bruises. This man then sat on top of my hips immobilizing the use of my legs and put his hands around my throat, tossing my head around. He said he would kill me. I grew dizzy, felt blood rushing to my eyeballs and could not breathe. I passed out. I came too and he was bouncing around waving my phone telling me do I want this? I somehow got the strength to pick up my 3 yr old daughter who just watched her mother almost die and run like crazy. I ran barefoot a half mile to the main road and flagged down

flagged down a car and used their phone to call 911, The man who attacked me is my pregnant 17 year old's boyfriend, who had put her in the hospital three weeks before. I was concerned and went to check on her, see if she wanted to go for lunch. He attacked me. He has constantly threatened me, so that I leave them alone. They even called CPS and said I was a drug addict and bad mom, test was negative case was dropped, but still I was told if I turn him in they will make my life a living hell. HELP

Attorney Answers 3

Posted

Not sure that daughter's boyfriend qualifies as YOUR family member. If you lived in the same house as he did then yes.

Arguably he committed aggravated assault on you when he intentionally forced you down on the broken bottle pieces, but that is a stretch. He definitely interfered with a 911 call - a misdemeanor. If he damaged your phone he committed misdemeanor criminal mischief. Even if you are not a family member I would argue on your behalf that he committed the second degree felony of attempted murder - a bit of a stretch but not absurd. He also committed terroristic threats IF his threats to kill are not considered along with the choking.

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Posted

the charges right now if I remember right are the cell phone and some sort of assault, my thought is it should be attempted murder, I had to tell 911 from my hospital bed that if they did not get an officer to the ER to take pictures then I was calling the news station and they could deal with the press. He said he would kill me, came at me. I did say something to get him to "provoke" him, because my baby was on the other side of his gate. The cops took no pictures, no investigation was done to find the glass that cut me, or the place where he banged my head into the ground, my hair was matted, but because they fled the scene and I did not know license plate number they were not found with in one hour of the attack, so now it has to be submitted to the DA for review. For him to say I am gonna kill this B++++ to my 17 yr old, and for her to say go ahead, I dont care, with a total lack of feeling for me or for her baby sister... are there not some sort of charges I can press on her for being an accomplice or something? I mean she is saying she wants to be an adult now and could be so cold to see me on the ground with him on top of me. I am not even sure how long I was passed out. It was a brand new 650.00 Iphone4 with 100.00 in the 50.00 protector case that I keep in case of an emergency. I didnt care about the phone, I was running with my baby afraid he was running after us and was going to make me and her fall, and then continue to hurt us both. I was terrified. I ran barefoot at 1 in the afternoon on black asphalt getting blisters and bruises all over my feet... It must have been pure adrenaline because I could not walk or talk the next day. It was the most horrible experience of my life, because I was not only in fear of my life (I have been there before) but this was my baby girl I was afraid for as well. Is there nothing I can press against him doing this to me in front of my 3 year old?

Asker

Posted

My discharge summary from the Emergency Room says: Sprained neck and back, contusions, facial and scalp contusions, scrapes and abrasions.

Posted

Yes, "dating relationship" is included. It also sounds like there is a possible charge of interfering with a 911 call.

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Posted

That is in the report, that he took the phone from me and threw it in the field. My baby told the cop, george freww my mommys fone.

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Posted

I want him convicted for what he has done to me, but think that the father will find someway to get him out of it. pictures were taken when I was at the hospital, as was an MRI and X-Rays. I need an attorney who is not afraid to defend me, given this mans fathers social status. I thought of looking for an attorney out of this area but they may not come here. I have documentation, pictures,severe neck and back injury, and a traumatized 3 year old. I have not went in to the police station to give a formal statement because I do not want to mess it up.

Posted

I apologize - somehow I missed that your daughter's boyfriend assaulted you. In that case, ignore my response and refer to Cynthia Henley's!

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Posted

Why is this just assault and not attempted murder? He almost killed me! I thought he had. The police did not even examine the crime scene because it was private property, a fence, and they had left the scene. The imprint of my head and body on the ground, the blood from the glass, the broken phone somewhere in a field. Why was nothing done just because they left? I do not understand, it feels so wrong, and like the police did not protect us.

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Posted

I asked why he said it was an assult, when I flat out said he said he was going to kill me, then he strangled me, he forced me enough that I was covered in bruises from head to toe for two weeks.

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Posted

but the cop said assault

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