Asked 9/17/2016 – Katy, TX

Hello my name is Erik and I had just gotten bailed out of jail earlier today by my parents and what had happened was me and my father had gotten into a verbal altercation earlier in the day which had stirred up a whole lot of trouble. At first it was all verbal he would say some things and I would return the fire per say. It was all verbal at first and that’s all I wanted it to be and then I had said something and he had hit me in the shoulder. Be advised I am only 17 and I am a small kid so I know he can beat me in a fight. So then he goes in the back of the house and sits there with what looked to be a wooden plank I assumed he would use to hit me. Then I had gone into my room and gotten my pocket knife and was just sitting in the house not planning to use it only to defend myself if necessary. My mother had called the cops and they had come and arrested me as i was leaving the house. My parents didn’t press charges yet the state had picked the charges up. My parents bailed me out of jail at a 15K bail and are not going to testify against me. They are going to testify with me. I’m just wondering how will this go, and affect me because there are no witnesses and parents are with me?

Answer

First, stop talking about this incident on the internet. These sites are monitored by law enforcement. Second, the State has the burden of proof on all criminal cases, not you; they must prove the allegations against you beyond a reasonable doubt. You do not have to prove yourself innocent. The statute for aggravated assault is Texas Penal Code Section 22.02. Read it, and then start talking with local attorneys.