Yes, it can be considered an assault or a battery or both.
Your husband needs a local criminal defense lawyer, now.
See my link below about talking to the police.
If any answer on AVVO helps you, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced Criminal Defense Lawyer in Madison, Wisconsin
--- Talking to the Police - Advice from Lawyers and Police
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htmAsk a similar question
Don't be surprised if the story the girl told to the police, and the story she is prepared to tell in court, is very different from the version you have posted here. You should retain an attorney experienced in the defense of criminal cases and you should discuss this matter with your attorney and with nobody else. Nobody means not the girl, not her family, not your family and friends, and absolutely not the police. And no imore internet postings, including Avvo.Ask a similar question
Could it be considered assault? Sure. Anyone can call the police and say they were assaulted; and a prosecutor could decide to charge someone based on the scenario you posted, however inequitable that would seem. It's important that you find a local defense lawyer to help your husband. Do not talk to the police without an attorney. You do not know what this girl said to the cops, and you do not know if the police already believe her.
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.Ask a similar question
You husband needs a good criminal defense laweyr IMMEDIATELY.
Why? Because apparently the person he tried to detain tells a very different story than your husband.
And, assaulting a child can be viewed as "injury to a child", a felony offense in Texas. Depending on the alleged injury, the possible punishment can range from 180 days in a "state jail" to lif in prison.
So, take no chances. Get a lawyer working on this today...the very best criminal defense lawyer you can afford.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.Ask a similar question