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What is an assault BI-FV-enhanced?

San Antonio, TX |

I was arrested for suppposedly hitting someone. she is very upset because we both agree there was a misunderstanding on the cops' part. we were arguing and fighting over keys. i have a class c misd for fighting from seven years ago now they are charging me with this and my friend is upset because she doesnt know how to help me. she pleaded with the officers that nothing horribly physical happened but didnt seem to believe her. now I am scared to go jail for nothing how can she or I get help in this misunderstanding. dont we have rights?

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Attorney answers 2


It means assault with bodily injury, which is a Class A misdemeanor, FV means family violence, and enhanced most likely means that the previous assault charge you got is being considered family violence as well and they may be trying to ehnance the charge to a state jail felony.
If your friend is truly just a friend and there is no cohabitaiton or dating relationship then it should not be family violence. Sometimes that is hard to disprove as they are more likely to consider something family violence than not if there is any question. Your friend can let the investigator with the SAPD or Bexar County know that she wants to drop the charges and she can also sign an Affidavit of Non Prosecution asking the DA to drop the charges. If there is no sign of physical injury and there was no statement or pictures taken then you may be able to get them to reduce/drop the charges.


In addition to the other answer, I would tell you that nothing "horrible physical" must happen to be charged - the other person must have been touched in some manner by you and it must have resulted in pain - that is all. The class C misdemeanor - if involved fighting with a family member - can be used to enhance what would otherwise be a misdemeanor assault to a felony. There need not be a finding in the prior case that the assault involved a family member; the State can prove the facts up to support an enhancement.

You need a good lawyer because you have several issue which need to be addressed including whether this was a family member; whether the prior involved a family member; and whether an assault actually occurred.