Asked 8/9/2016 – Plano, TX

My father and I had an argument yesterday and I told him I was going to call the police for the guns he had in the house that he was not supposed to have. He tried to take my phone and shoved me into some sodas we had in the car. I have a scratch on my one of my fingers on my right hand, approximately a quarter inch in length. I also have a couple one- eighth small pressure marks on my left fingers. The police took pictures of both. My statement stated that my phone was taken and when I tried to get it back I was pushed, constituting assault, which is true. I know It’s mostly out of my hands and even though he was in the wrong, the implications of this will destroy his life. I should have thought of that sooner but so many times in my life I have been the victim and he has manipulated his way out of things, only for me to be blamed. His charges are misdemeanor A assault with bodily injury to a family member and misdemeanor A interfering with a 911 call. No guns were found as he drove and hid them before the police arrived. So no charges are being pursued on that to my knowledge. I know an affidavit for non-prosecution may not help much. What else can I do to get the case dropped?

Answer

The prosecuting attorney makes the decision of whether to proceed with an assault case after an affidavit of non-prosecution is filed by the complaining witness. The State has the ability to subpoena that witness and compel them to appear and testify at trial. The prosecutor may also believe that enough evidence exists to proceed even without the testimony of the complaining witness. You cannot force the State to drop anything. You can, however, set the case for trial and force the State to prove the allegations against you beyond a reasonable doubt. Start talking with local attorneys; the interference with a 911 call will still be an issue, regardless of the assault matter.