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This past friday i was arrested for aggrevated assault with…

This past friday i...

This past friday i was arrested for aggrevated assault with a deadly weapon when i tried to commit suicide and my girlfriend called the cops and told them i choked her and tried to cut her but there is no markings or anything. I was wondering if this will show up on my background check as i have a job interview coming up soon.

Lawyer's Assistant: Do you have any upcoming court dates on the aggravated assault charges?

They have not given me a set court date yet, i was released that friday on bail.

Lawyer's Assistant: In what state did the aggravated assault occur?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They also gave me assault on a family member but me and my girlfriend are not living together as i am 18 and was supposed to graduate highschool friday and we are not engaged or have any kids together and the bondsman that i went through told me I should've never have got the charge in the first place.

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Answered in 2 hours by:
5/28/2018
James Daloisio
Category: Criminal Law
Satisfied Customers: 881
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

Texas, unlike most states, has not provided much protection from the use of your arrest and conviction record when applying for a job. Arrests that are less than seven years old can be viewed by a prospective employer, as well as convictions. If you are charged with a criminal offense and then acquitted, you can have the entire record, including the arrest, expunged.

The police select what they believe are the applicable charges when they arrest you, but it's the function of the prosecution to formally charge you by filing a complaint, information, or indictment. They will file whatever charges they believe they can prove. If it appears you have a defense, they may not file anything at all.

The prosecutor will file charges with a complaint (used for Class C misdemeanor), an information (used for Class A or B misdemeanors) or an indictment (used for felonies). Indictments are presented by prosecutors to a 12-person grand jury that then votes on whether there is probable cause to believe a crime was committed and that the defendant is the one who committed it. Nine votes are required for an indictment. If the prosecution does not meet that requirement, no charge is filed, but the prosecution can present its case again to a grand jury.

There are three different crimes of domestic violence in Texas: domestic assault, aggravated domestic assault and continuous violence against the family.

An act of violence constitutes domestic violence if it is committed against a family member, a household member or someone the offender is currently dating or dated in the past, including:

  • a current or former spouse
  • a child of a current or former spouse
  • a person with whom the offender has a child or children
  • a foster child or foster parent of the offender
  • a family member of the offender by blood, marriage, or adoption
  • someone with whom the offender lives, and
  • a person with whom the offender has or had an ongoing dating or romantic relationship.

A person is guilty of domestic assault in Texas if he commits an assault against a family member, household member, or a current or past dating partner. An assault consists of:

  • intentionally, knowingly or recklessly causing bodily injury to another person
  • intentionally or knowingly threatening another person with imminent bodily injury; or
  • intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive. (Tex. Penal Code Ann. §22.01.)

Domestic assault is a Class A misdemeanor if the defendant has no prior domestic assault convictions. The crime is a third degree felony if the defendant has any prior domestic assault conviction.

When you go to court, either have an attorney with you or request the public defender. Your situation can be serious. Until you have an attorney don't discuss your case with anyone. When you go to court for your arraignment, let your attorney do the talking. If you don't have one, ask to apply for the public defender or ask the court for a brief continuance of your arraignment so you can hire an attorney. But remember that your arraignment hearing is a limited purpose appearance where you are informed of the charges and asked to enter an initial plea. Don't try to tell anyone about your case or offer any explanations of what happened.

I hope this information has been helpful. Please don't forget to rate this answer and remember that you may always return here with follow up questions on this topic at no additional charge. Thank you for using Just Answer.

James Daloisio
Category: Criminal Law
Satisfied Customers: 881
Experience: 30 years experience in criminal law, continuing education.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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