Can you File Assault Charges for Someone Else?

Anyone who is the victim of a crime or who witnesses a crime can call their local police department to make a complaint or request law enforcement to come to the scene. In Texas, the prosecutor (not the alleged victim) files charges and prepares criminal proceedings against the defendant in an assault case.

According to Texas Penal Code § 22.01, you can be charged with assault if you:

• Intentionally, knowingly, or recklessly injure or harm another person
• Intentionally or knowingly threaten to injure or harm another person
• Intentionally or knowingly make physical contact with another person that you know or should know they’ll find offensive or provocative

Are you facing an assault charge because of a complaint from someone other than the alleged victim? Are you wondering whether someone can file assault charges for someone else in the first place? If someone else’s call got you arrested, call (713) 664-4000. Who made the report and what they actually saw is often the weakest part of the State’s case.

You Can Face Severe Penalties for Assault in Texas

A criminal conviction can cause harm to your reputation, as well as threaten your job or career. It can also make it difficult to rent an apartment or continue your education.

According to Texas Penal Code § 22.01, based on the nature of your offense, you may be facing one or more of the following charges:

• Class C misdemeanor
• Class B misdemeanor (rare in assault cases)
• Class A misdemeanor (the usual charge when someone says they were hurt)
• Third-degree felony
• Second-degree felony
• First-degree felony (aggravated assault, under § 22.02)

Under Penal Code §§ 12.21 to 12.34, depending on the circumstances of the alleged crime and severity of the charges against you, the criminal penalties you face can include:

• Class C misdemeanor: up to a $500 fine
• Class B misdemeanor: up to a $2,000 fine and / or up to 180 days of jail time in county jail
• Class A misdemeanor: up to a $4,000 fine and / or up to 1 year of jail time in county jail
• Third-degree felony: up to a $10,000 fine and 2 to 10 years of jail time in prison
• Second-degree felony: up to a $10,000 fine and 2 to 20 years of jail time in prison
• First-degree felony: up to a $10,000 fine and 5 to 99 years or life in prison

Your lawyer will help you understand the charges you face and their related penalties. They will also educate you on your available options, make sure your rights were and are protected, and fight for the best possible outcome for your criminal case.

How a Criminal Defense Lawyer Fights For You

When you are facing criminal assault charges and their potential penalties, your personal, professional, and social life are at risk.

A criminal defense lawyer in Houston, TX can help limit the damage to your community standing and criminal record by:

• Listening to your account of events
• Interviewing witnesses
• Determining whether it’s possible to show you acted in self-defense
• Making sure nobody violates your rights
• Negotiating a dismissal or a reduction in the charges you face
• Evaluating the evidence the state has against you
• Reviewing the complaining witnesses record for any previous instances of violence
• Preventing harm to your personal and professional reputation

Your lawyer can also negotiate a plea agreement or have the charges against you dismissed.

A Criminal Defense Lawyer Can Protect Your Rights

According to Texas Penal Code § 2.01, when your pending criminal case goes to court, there is only one presumption, you are innocent. In order for a jury to convict you, the State must prove their case beyond reasonable doubt.

Your lawyer will build a criminal defense case that shows:

• You did not commit or threaten an act of violence.
• The evidence against you is simply not enough for a “guilty” verdict.
• The statute of limitations has expired on your case (if applicable).
• The evidence against you was illegally obtained and should be suppressed.
• The interrogation proceedings were improperly conducted, and the statements collected should not be admissible.

You may have additional criminal charges in addition to your assault charge. For instance, if you are being accused of assaulting a minor, you may also be charged with injury to a child under Penal Code § 22.04 or endangering a child under § 22.041. Your lawyer can create a legal strategy that works to have the charges against you dropped, dismissed, or reduced.

Can the alleged victim drop the charges?

No. Once police make an arrest, the district attorney decides whether the case goes forward. The complaining witness can sign an affidavit of non-prosecution, but that’s a request, not an order. In family violence cases, Harris County prosecutors often go ahead anyway using the 911 call, the body camera video, the photos and the officer’s report.

Don’t contact the complainant yourself to talk about the case. It often violates a bond condition, and asking someone to drop the charges can be prosecuted as tampering with a witness under Penal Code § 36.05. Let us handle it.

Contact Our Criminal Defense Team Today

Are you concerned about whether a third party can file assault charges for someone else against you? If you are facing the personal, professional, or social implications of pending assault charges, Blass Law is here to help. Our team works hard to get the best possible outcome when you are faced with the possibility of a criminal conviction. If you need legal representation because of a pending assault case, contact the criminal defense team at Blass Law by dialing (713) 664-4000.