HOW TO UNDO A CLASS C ASSAULT CONVICTION IN TEXAS
If you were in jail and pled guilty on a class c misdemeanor assault, you can undo this for a short period. Assaults involving family violence can have disastrous collateral consequences that affect future cases, your reputation, gun rights, immigration status, and custody disputes.
What is an a misdemeanor class c assault?Class C Assault occurs if a person
1) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
2) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
You can be charged for an assault by mere words, or simple physical contact that someone finds offensive or provocative.
How can I get charged with so little evidence?It may be surprising to know that the police can charge you with an assault solely based of the words of an accuser and nothing more. The police can and it is common that they will issue a ticket or make an arrest without giving the accused a chance to counter the statement.
Thankfully, the prosecuting attorney has the burden of proving the case beyond a reasonable doubt in court. Just because the police don't always collect evidence, doesn't mean that its not necessary for court.
What is an affirmative finding of family violence? Why should I care?In addition to a fine for a Class C Misdemeanor, an affirmative finding of family violence could have the following disastrous consequences:
1) A prohibition on owning or possessing firearms and ammunition
2) Restrictions on trade or professional licenses
3) An enhancement on future family violence misdemeanors to felonies
4) Denial of child custody and visitation rights
5) Exclusion from applying for nondisclosure of records
So what can I do to fix this?If you pled guilty to a misdemeanor class c assault while in jail, the law allows you to undo this for up to 10 days. This is not discretionary for the judge. The judge MUST grant your motion for new trial if you file it on time.
If you pled guilty to a class c assault in jail, why would you risk having this charge follow you around for the rest of your life? Act before its too late, you only have 10 days to prevent a lifetime of horrible consequences