What are the odds of "disorderly conduct" charges getting dismissed when it was self defense and it was 2 people attacking me?

Asked over 1 year ago - San Antonio, TX

2 weekends ago my husband and i went out to a club. The moment we arrived we noticed group of girls stumbling drunk and one of them started shoving an object in my husbands' face, literally out of the blue. I told her to stop and we started arguing and her other friend punched me in the face so i just lost it and started hitting her. The other girl whom the original conflict was with was hitting me as well. As soon as i know it im getting arrested for "disorderly conduct"and so were they. They were drunk and according to the officer, non compliant. Husband paid 255 to bail me out the next morn. 2 days later i pleaded not guilty because want to fight this since it was self defense. What are the chances of these charges get dismissed? What happens with the bail $? I have nothing on my record

Attorney answers (5)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I'd say you're dang lucky it was filed as a Class C disorderly and not a Class A assault. Chances are slim it will be dismissed unless you set it for trial and the "victim" doesn't show up. A deferred disposition also results in a dismissal that you can expunge from your record. I would hire a ticket attorney to handle all of this for you.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Ryan Joseph Mitchell

    Contributor Level 12

    3

    Lawyers agree

    Answered . Good luck. Only your retained attorney, should you choose to hire one, can help you with the specifics of this matter. Chances are that it will come down to a she said she said battle of testimony. Call around in your area and shop for a good attorney. Most offer free consultations.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also,... more
  3. Benjamin Allen Stephenson

    Contributor Level 9

    Answered . While courts may attempt to be impartial and fair, the system is deeply flawed and truth often doesn't prevail. Instead of what happened, what matters is what a jury will believe. A prosecutor will dismiss a case if (1) he/she no longer wants to prosecute the case, or (2) he/she no longer wants to prosecute the defendant. My work as a defense attorney is to focus on both of these strategies. While I am working to disprove the details of the offense charged, I am also working with the defendant to make that person look good, so good that the prosecutor will get no joy from prosecuting him/her. And I have had the privilege of seeing cases dismissed for one or the other of those reasons.
    Self defense is legal in Texas. The short version is that self defense is a reasonable response to a reasonable threat. If your actions were in response to being assaulted and were designed to stop the threat of further assault, they be legally justified.
    Talk to a lawyer on this one. It may be in your best interest to fight this one aggressively. We would be honored to talk with you at no charge about the details of your case.

  4. Amy Elizabeth Owen

    Contributor Level 9

    Answered . Are you sure you were charged with a Class C Misdemeanor? When is your next court date and at which court? Were you intoxicated when this occurred?

    Best of Luck,
    Amy E. Owen
    Former Bexar County Prosecutor
    Legarreta & Owen LLP
    613 E. Ashby Place Suite #2
    San Antonio, TX 78212
    Tel: (210) 532-5321
    Fax (210) 532-5322

    I am a criminal defense attorney practicing in San Antonio, Texas. The above information is not a substitution for... more
  5. Mark Copoulos

    Pro

    Contributor Level 14

    Answered . You need to speak with a criminal defense attorney. A good lawyer will be able to present your side of the story, and argue you acted in self defense. This looks like a factual situation worth litigating.

    Good luck.

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