Was out on the town all night bar hopping for birthday, dont remember anything, ended up in jail, girlfirend said i threw her on the ground because she stole my wallet out of my hand and toook off... she is signing a affidavit of non-prosecution. State of texas picked it up and all they have is a video of survellance from hotel. My lawyer wants me to pled guilty if they drop ito Miss Class C. I do not understand why i qould if there was no photos taken and no harm done other than she was thrown of the ground. no bruises nothing.. PLease help
Criminal Defense Attorney
No one on this or any other site can give you as good of advice as your lawyer can. There need be no photos - the complainant must only say that they felt pain as a result of the alleged assault. Bruises, cuts, scrapes, etc., are not require.
The prosecutor does not have to accept the affidavit, nor follow the request of the prosecutor.
Intoxication is not a defense.
Defense of property is a defense.
If you get a class C deferred disposition, you can expunge it from your record in the future.
6 lawyers agree
Criminal Defense Attorney
Please don't take this the wrong way, but you indicate that you already have a lawyer. I'm assuming that you paid this person in hard earned money. I will further assume that your lawyer has evaluated the evidence the state has as well as the pitfalls of going to trial. if you have doubts as to the advice you are receiving then you should consult with another attorney. This forum, however, is not the appropriate place for an in depth evaluation and analysis of your case. With that being said, I think you should sit down and go over your concerns with your attorney and listen to the answers and then decide if you want a secon opinion.
DUI / DWI Attorney
If you threw her to the ground and she felt any pain at all, you committed a Class A assault. The State can prove their case without her cooperation with the video. It sounds like your attorney has gotten you a great deal. As long as you are pleaing to a deferred disposition on the Class C, you can expunge it from your record completely. I would take that deal quickly before another DA steps in and pulls it (the DA's in Dallas move constantly).
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