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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16075
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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please help me...my husband has been seeing another woman, and they got into an argument a

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please help me...my husband has been seeing another woman, and they got into an argument at her home one night. She scratched his face and arms till they bled, and he held her up against a wall to stop her from scratching him. Meantime, her son, who is 17 comes in and pulls on my husband and they fall to the floor. She has now filed assault charges against him. I'm worried about how this will affect me and our home. Should i ask him to deed the property out of his name? is this a Class C misdeamenor, and what are the worst case scenarios? By the way, I have met with a divorce attorney, and will be filing in 2 weeks.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello Jacustomer,

If this woman has filed criminal charges against your husband and he has a self defense claim here, an acquittal on this case would undercut any possible suit she might have for personal injury. I see no reason for you to be concerned about the deed to your house.

Criminal courts are not about assessing damages of the sort that would jeopardize your property. That will not even be considered by the prosecutor. Criminal court is about punishing crime. A Class C assault just involves "unwelcome touching/threatening" and would simply involve a fine of up to $500, although it would count as a criminal conviction. However, if there are minor injuries that the complainant sustained, this would likely be charged as a simple assault or a domestic violence assault, which in Texas is a Class A misdemeanor, with a maximum penalty of a year in jail and/or a fine of up to $4,000. These are your worst case scenarios. Jail is not going to be a serious possibility unless he goes all the way to trial and loses on the top count.

One way or the other, the complainant and probably her son will have a protective order, and he will be required to have no contact with her or he could be subjected to rearrest and further charges. And he will need a lawyer to get this matter taken care of, hopefully in some way that will not affect his criminal record.

Strongly as you may feel about what happened here, the worst thing that you can possibly do would be to call this woman and in any way try to express your anger at what your husband's involvement with her has caused. Since the matter is now in the hands of the police and the DA, let them tend to it.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16075
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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