Minor trespasses, adult stearnly reprimands child, child's mother hits other adult and it leads to assault charges???

Asked over 4 years ago - Denton, TX

A minor trespasses, residents ask the child (children) to leave 5 times & they don't. They are feeding ducks that roam free in our neighborhood on our property. One child gets mad at the adult & acusses the adult of killing a duck. No dead duck - false accusation. Resident stearnly points finger at child telling her to tell the truth. Child's mother hits resident & resident pushes back. Per police no charges can be filed because child's mother pushed first. Child's mother files assault charges & prosecutor states because resident supposedly "yelled" at child she had the right to hit the resident. Is this correct? The tresspassing & false accusation was illegal yet the resident is now the accused? Please advise and explain. Isn't "yelling" or stearnly talking a mater of perspective?

Additional information

Thank you. Here is some added info. Does it change the fact that yes the resident is being charged with assault. The person who did the pushing / hitting in the first place states she has witnesses that will agree that the resident was "yelling" (their interpretation, but he claims stearnly talking and pleading to tell the truth as we know the child lies) at the child who was making false accusations. The prosecutor states she has a case based on that. If there is no case can you site a legal # or something we can refer too.

Attorney answers (1)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . One cannot assault another because of words. There are no such things as "fighting words". If one hits another in response to a verbal lashing, then one is committing an assault. If one hits another because one is defending a third party or oneself, then one is acting is self defense.

    Because they are children, the police are not likely to arrest or the prosecutor is not likely to file on them for trespassing. In addition, the false allegation of killing the duck is not a legal problem, especially since it involves a child.

    I am unclear - is the resident charged with assault? If so, this is wrong because assault requires some kind of touching - whether offensive (Class C) or resulting in pain aka bodily injury (Class A). Now, if someone threatens to assault another, it could be a Class B terroristic threat.

    I hope I have answered your question. Post again if you can add facts for me to clear up the confusion.

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