Califan007;4621893 said:
They have three classes of misdemeanors, though...with Class A being the worst.
As I posted before, here is a legal definition of a Class A misdemeanor:
If I'm interpreting that right, it's not just "assault" that gets you in the Class A category...it's assault "causing bodily injury" that does.
[/size]
A class A misdemeanor is defined by the level of possible punishment, not the trype of offense. 365 days in Jail, and/or $4000 fine is the maximum punishment for a Class A.
Assault with bodily injury is a Class A misdemeanor. "Bodily injury" basically means, "did it hurt?"
The family violence aspect of it means that it was charged as an assault against a relative, or someone with whom the accused had a dating relationship. "family violence" often provides specific bond conditions and possible protective orders. It also provides that a second family violence charge will be a felony if the first was a conviction or even a deferred adjudication probation.
I have seen thousands of A-FV charges, some of them are legitimate and some of them are anger induced lies, or a question of who hit whom first.
Generally, whenever police respond to a report of domestic violence they will attempt to insure that the involved parties do not spend that night together. One of them has to at least go somewhere else.
In this case, since Dez turned himself in the next day, he was not arrested on the scene meaning that the police had to go to a magistrate and present a probable cause affidavit and ask for an arrest warrant. The magistrate makes the decision, not the police officer. (in theory anyway. Often times magistrates simply rubber-stamp police requests for warrants.)
Don't have any idea what happened, but the police believe Dez committed an assault and that it involved bodily injury to another family member.
And, just so you know, the "victim" cannot "drop the charges" in Texas. That is strictly up to the prosecutor.
"Where there's smoke, there's fire", may not hold up in this case until the case runs its course, but in this case there is a least a spark.
(I could go on at length about some police officers who arrest famous people just so they can tell the story a gazillion times.)
This stuff is not speculation about Texas law. I will gladly answer any questions you may have. (about Texas assault law anyway.)