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.
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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.
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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.
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 a meeting whereas all potential legal issues can be discussed.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
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.