Should I press charges on the person that pushed my 6 year old? 3 Answers as of August 16, 2011

My 6 year old son was shoved off a chair by a drunk 50 year old man. Can I or should I press charges? I live in Texas.

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Aaronson Law Firm
Aaronson Law Firm | Michael Aaronson
The choice is yours and you probably have two years from the date of the incident. You could probably charge the gentleman with both criminal and civil charges, the difference being that criminal charges would involve him being charged with a criminal offense for which punishment would be, potentially, jail time or probation. A civil charge would involve a request that he be liable to pay money for any damages sustained by your son.
Answer Applies to: Texas
Replied: 8/16/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Here is the statute on injury to a child (or elderly - they are together): 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury. (a-1)[omitted - not relevant] (b)[omitted - not relevant] (c) In this section: (1) "Child" means a person 14 years of age or younger. (2) "Elderly individual" means a person 65 years of age or older. (3)[omitted - not relevant] (4)[omitted - not relevant] (d)[omitted - not relevant] (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (f) An offense under Subsection (a)(3) or (a-1)(3) or (4) is a felony of the third degree when the conduct is committed intentionally or knowingly. When the conduct is engaged in recklessly, the offense is a state jail felony. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), (3), or (4). (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. (i)[omitted - not relevant] (j)[omitted - not relevant] (k)[omitted - not relevant] (l)[omitted - not relevant] So - if your son received pain - bodily injury - thenyou can report him. If you report him, the police will want to question your son. If the man does not plead guilty, your son will have to testify. It is up to you.
Answer Applies to: Texas
Replied: 8/16/2011
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