Asked 2/12/2016 – Dallas, TX

My daughter was being bullied over social media the bullies sent text durning school stating she was going to jump her in the restroom…the bully walked behind at lunch and warning of the fight to come as my daughter went through the lunch line the bully stood up to fight my daughter hit her as she began to hit her they fought trey said the bully had a fractured eye and charged my daughter with aggravated assault and yes I informed the school about what was going on and they did nothing to help me prevent it

Answer

There has been an assault. There may be a question of self defense, but the question of the fight is not in doubt. Unfortunately, you and your daughter must go through the process. You must retain a local attorney and force the State to prove beyond a reasonable doubt that your daughter committed an assault which caused serious bodily injury, with no justification for he actions. The existence of the bullying will help in establishing what your daughter’s state of mind was at the time, but the time to present evidence is at trial. Contact a local attorney ASAP.