I did not assault officer i resisted the arrest but did not physically harm him, I have a witness who saw the whole incident any info would be greatly appreciate
Hire an attorney. If you cannot afford one ask for a public defender at your arraignment. An attorney will be able to evaluate your case and work to get it dropped, reduced, limit your exposure, etc.
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I would like to know more about your situation. Depending on your criminal history and the facts of the case it is very possible that your charge can be reduced to a misdemeanor or dismissed. Additionally, the prescence of a witness makes this even more possible. These are serious acccusations, you need an advocate who can explain the problems with the State's case to the prosecutors doing this will help minimize your risk and get you the best chance at getting a favorable result. Good luck.
Every person's legal situation is different. An on-line response is no substitute for sitting down and speaking with a lawyer in person. If the lawyer who put your son on deferred is still representing him he or she is the person most able to answer this question. You should speak to that person and follow their advice regarding this question.
The circumstances surrounding the arrest will help determine what the chances are of your case not being indicted by a grand jury. An assault of a peace officer can occur if during his performance of an official duty, you did anything to cause an injury to an officer. If during the time you were resisting arrest, he got hurt, whether or not you intended to cause the harm, depending on the injury, you may be held liable. I would need to know what his injuries were, what the circumstances were, what your witness saw, how you resisted arrest (because simply pulling away is not enough), etc. You may contact me to discuss your situation. Every case is different and cannot be answered with the little we know about your situation as stated above. Contact my office at (210) 682-8800 and speak with Sylvia A. Cavazos. Thank you for your inquiry.
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