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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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my girlfriend and I are charged with simple assault in houston

Customer Question

my girlfriend and I are charged with simple assault in houston tx {stafford tx} She was intoxicated I was not. An argument ensued she was very loud and obnoxious, I cupped my hand over her mouth and asked her to stop yelling. She in turn kicked my dog then me then the dog again.I picked her up by the shoulders and removed her from the immediate area so she would stop kicking the dog.{Affirmative defense}? The police showed up no arrest was made but I was asked to leave for the night. We both were issued a citation for simple assault and to appear in court May 5th 2009..Should we obtain a lawyer? The fine is 554.00 each and if we pay we admit guilt and it goes on record
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- I always recommend pleading not guilty in any criminal case and trying to get a better deal of a reduced charge or possibly a dismissal. This is a strange case where both of you are charged in the same incident. In any event it would be your word against hers as to the facts of the incident. Neither of you would have to testify since you are both charged so if the police have no independent witnesses to the incident you may get the charges dropped altogether.


It certainly doesn't cost you anything to plead not guilty and then talk to the prosecutor. At least you give yourself a chance to get out of it with less damage. If you pay the fines then that will be the same as pleading guilty. Obviously hiring an attorney can be expensive and he or she could only represent one of you.


David Kennett - JD - Attorney at Law