Assault Family Violence – Case Rejected

Case Summary

Texas Defenders represented a client who was facing an Assault Family Violence charge while also being held on an ICE detainer. The client has a long history of serious mental health conditions and was living with—and cared for by—his mother at the time of the incident. She was also listed as the complaining witness.

The event occurred shortly after the client had been involved in a car accident, leaving him upset and disoriented. As his mother escorted him toward the hospital lobby for medical evaluation, the client involuntarily flung his arm backward, making contact near her ear. He explained this as an unintentional arm spasm, and his mother immediately told officers she did not want him arrested. She refused photographs, denied any injury, and later signed a formal Affidavit of Non-Prosecution.

Texas Defenders Strategy

Our attorneys requested that the State reject the case based on:

• The client's severe, documented mental health conditions, which contributed to the unintentional nature of the contact

• The caretaker relationship between mother and son

• The stressful circumstances following a car accident

• The mother's clear desire not to prosecute

• The client's ICE hold, which risked life-altering immigration consequences

• The fact that the client had already served 27 days in jail, which was more than sufficient given the circumstances

We emphasized that any resolution other than a rejection could be harmful not only to the client's future but also to his mother's wellbeing, as she relies on him and wants him home receiving proper mental health care.

Outcome

The District Attorney's Office reviewed the affidavit, spoke with the mother, and formally rejected the case. The client was then able to shift his focus to addressing his immigration issues and obtaining the mental health support he needs.