If I assault my moms boyfriend while he confronts me, what could I be looking at? 1 Answers as of December 21, 2010

So my mothers "boyfriend" and my mother got into a pretty big fight, while I was right in the other room and heard every bit of it. Her boyfriend is 40 years old and has not had a job in 3 years, has been arrested several times, he sleeps all day long, eats our food, makes a mess of the house, and will not do a thing about it at all. Now back to my question. If I am confronted (I am 17 by the way) by him, such as getting in my face and yelling/spitting on my face, and I in turn assault him and he threatens to press charges, what could I possibly be looking at.

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Reeves Law Firm, P.C. | Roy L. Reeves
First if he spit on you, that is assault and you can claim self defense, you could also set up a defense of mutual combat.

That said, assault is generally a Class B Misdemeanor, but if the County wants to be jerks, they may try to assert a family relationship - though I think this is pushing the envelope a little. Assault of a Family Member is a Class A Misdemeanor.

Both are jail offenses, meaning you can go to jail, but you can also get probation. A lot depends on the facts of the case, where it took place, the county politics, and the witnesses. All of these factors come into play before we even get to your defenses - assuming you are actually charged.

If this took place in Collin County, let me know. Otherwise, you should consult with a local attorney sooner rather than later.
Answer Applies to: Texas
Replied: 12/21/2010
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