Recent Dismissal for Family Violence Case-2nd Degree Felony Aggravated Assault w/ Deadly Weapon by Bo Kalabus

bo@kalabuslaw.com

972-562-7549

Collin County 24 hour jail release 214-402-4364

My client was arrested following a violent struggle with her ex-husband.  The client had gone over to her former residence to remove some belongings when a fight with her ex-husband ensued.  During the struggle my client was hit in the face and kicked in the back.  Breaking away from her ex-husband’s grasp she grabbed a broken piece from a plate to hold off him off.  As the struggle continued, she struck him in the chest and sliced open his hand in several places as he tried to grab the shard of plate out of her hand.  Police came and interviewed the ex-husband and my client.  Several days later, my client was arrested and later indicted for aggravated assault with a deadly weapon family violence–and facing from 2-10 years in jail (a 2nd degree felony).

The arrest sent shock waves through my client’s life–quite simply, life, as she had known it was over.  Within a few weeks she was fired from her teaching job and a letter of investigation was placed in her file making her unemployable as a teacher.  Furthermore, while case was pending her chances of retaining sole custody of her children was remote.

On the surface perhaps, this seems like an open and shut case of family violence for the State of Texas, or at best a risky trial for my client based on a theory of self-defense.  But as our investigation into the case facts progressed we were able to develop enough evidence and leverage to convince the District Attorney that my client was not the aggressor, but in fact the victim.

The case was pending for over six months, but after much negotiation, the State of Texas dismissed the case outright.  My client was much relieved and very pleased with the result.