Am I guilty of Class C misdemeanor assault?

UPDATED: Sep 30, 2022

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Am I guilty of Class C misdemeanor assault?

I’m 43 and an 11 year old child told his mother I pushed him after school. I did not push the child. I spoke with him during dismissal in a friendly manner, and told him when playing tag with my son at recess there was no need to push or shove, just touch. I demonstrated a tag by lightly touching his right shoulder as an example.

No witnesses were interviewed although there were three present. I was written a ticket by a detective and she stated that since I admitted to touching the boy, and he was offended, I committed assault. According to her, whether I pushed or not is irrelevant.

The law regarding simple assault in Texas reads ‘Intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.’

What do you think?

Asked on March 30, 2016 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the technical sense, it could qualify as a class C ticketable assault charge.  However, it does sound like a bit of a stretch. 
With that being said, however, I strongly recommend that you get an attorney to assist you.  If you don't know how to get these other witnesses to court to verify your story, you could potentially be convicted of this offense.  A class C is not a huge, 'go to jail', type of case... however, this type of conviction can affect your future opportunities for employment as some employers will not hire people with assaultive convictions on their record.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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