Misdemeanor Assault Bodily Injury

If you or someone you know is being charged with assault with bodily injury in Houston Texas, Harris County, or surrounding areas it is important to retain an experienced criminal defense attorney as soon as possible. Carl Haggard ‐ of The Haggard Law Firm ‐ has over 3 decades of experience helping clients who have been charged with misdemeanor assault. He is an Ex-Chief District Prosecutor and in many cases has helped clients both reduce their charges or get their assault charges dismissed. To speak with an attorney that is ready to fight for you ‐ call (832) 328-0600 or email using the short form. Your initial consultation is both confidential and absolutely free.

Assault Case Results for Harris County

misdemeanor assault bodily injuryASSAULT BODILY INJURY

Case No. 1474448 – Clinton W.M

DISMISSED

Although this case had “self-defense” written all over it, Clinton, who was unarmed, was prosecuted for attacking a man armed with a knife. The Complainant had, in a previous fight, stabbed and seriously wounded Clinton during an argument about Clint’s wife, whom Complainant used to date. In a miscarriage of justice, Complainant was not arrested after Clint spoke with police while in the E.R. for his stab wound. Days later, Complainant clearly threatened our client by displaying the knife Clint had previously been stabbed with. In a further travesty of justice, Clint himself was arrested after this second fight in which he struck Complainant in the head with a closed fist – in self-defense. Witness testimony revealed that, once Complainant had been subdued and asked Clinton to desist, he did so and did not continue
assaulting him. Mr. Haggard fought tooth and nail himself with Prosecutors, refusing to give up, and used medical records and witness’ testimony and other evidence to obtain a Dismissal just prior to setting the case for Trial.

After four months [working on the case], Mr. Haggard kept his word and brought me and my family relief.”
~ Clint W.


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Case No. 1808397 – Joseph H.

DISMISSED May 17

Joseph was a college student and former marine who was assaulted then framed by a female acquaintance and her boyfriend. The setting was a well-known pub in Humble on Super Bowl Sunday. Joseph and Complainant had a slight altercation but she was intoxicated and decided on an excessive revenge: She surprised Joseph as he rounded a corner in a remote area and launched an entire beer directly in his face. Momentarily blinded by the suds, Joseph reacted and pushed her away. Then before he could gain his bearings her boyfriend came from behind and punched him in the mouth which stunned and knocked him to the floor. Joseph was immediately dragged outside to police who arrested him without further questioning after Complainant and her boyfriend lied saying he provoked her by slapping her in the face twice. Police refused to listen to Joseph and conjectured the non-existent marks from the slaps that never happened “would appear later”. Joseph had too much going for him – including college graduation in May – and he desperately needed a strong Houston criminal defense attorney to tell his side of the event. We subpoenaed camera surveillance which yielded nothing, nor were there any unbiased witnesses as Complainant had staged it in a remote area. We were able to use Joseph’s witness, a friend who from his vantage point was able to testify that Complainant was the aggressor and Joseph reacted in minimal self-defense. After several months of going to court we succeeded in arguing the case to a true Dismissal (not after any type of probation or DA contract) on the day we were resigned to setting it for Trial (as a guilty plea was not an option).

Mr. Haggard was extremely professional and kept me well informed. With his 30 years of experience he fought hard to earn my Dismissal.
~ Joseph H.


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Case No. 1783944 – Ken L.

DISMISSED May 4

Ken was an ER paramedic charged with assaulting a patient in the course of trying to place EKG leads on him. Complainant was a teen-aged boy brought into a hospital ER room for reported seizure-like activity and was already in doctor-ordered 4-pt. restraints by the time Ken began working on him. Ken had managed to get one lead on for the pulse-ox when Complainant threw it off, screaming, cursing, and spitting on Ken, who then used a technique learned in EMT training and had also seen nurses use. It was the misuse or excessive use of this maneuver upon which the charge of Assault was predicated. The facts and the Offense Report were stacked against us as the only witnesses to the alleged assault were the security guard and Complainant’s mother both of whom gave identical statements to police: that there was no spitting – – that Complainant coughed on Defendant who then choked him for 20-30 seconds; that Complainant turned red and couldn’t breathe. [We contested the mother’s statement as her position in the room did not allow her full view.] The OR alleged a visible injury to the jaw area and a photograph was produced that resembled a pinch mark which the State was prepared to use as evidence of Ken’s alleged excessive use of force together with eyewitness testimony that Complainant had not been spitting but had merely coughed. The direct testimony of a valuable third witness – the ER nurse – was denied us as she’d left the area after being cursed at by Complainant but we planned to use her in our defense to show Complainant was angry and violent and not merely in an uncontrollable seizure as reported. When we subpoenaed the Complainant’s medical records as part of our routine defense preparation, Memorial Hospital attorneys Fulbright and Jaworski filed a Motion to Quash pursuant to HIPAA privacy regulations. The judge’s hyper-sensitivity to HIPAA issues necessitated we file a Motion for Disclosure. After several hearings, a Joint Motion for Protection and a Qualified Protective Order was finally entered which allowed us to proceed with preparing our defense for trial. This contest over admitting the records into evidence was not inconsequential as once in evidence they corroborated our defensive theory. Further, in a hostile hospital culture favoring patients over personnel, Ken was fired without further questioning after his arrest for “inappropriate conduct and compromising patient care”. He won his employment hearing (although the hospital is appealing). We had so many hospital employee witnesses under subpoena that we had to file a Request for Preferential Trial Setting to minimize disruption of patient care. After months and hours of attorney and staff labor our attorneys had our experts and witnesses lined up and trial notebooks armed for battle. But the battle was never engaged: The case was dismissed on the eve of our preferential setting because, as Ken stated so perspicaciously, “the DA’s refused to see the evidence and witnesses on our side until the Trial was ready.”

Last September I was arrested for Assault with Bodily Injury. This was the first time I’ve had so much as a speeding ticket in my 52 years. To say that I was lost is an understatement. Carl worked very hard finding professionals to give expert testimony and got statements from ALL the witnesses to the incident. In the end the DA dismissed my case in the face of the evidence and witnesses on our side – which he refused to see until the trial was ready. This was a very stressful time in my life. At times I got angry and depressed at the pace of this case. Carl was there to explain how the real world of law works as compared to TV law. Carl took this case and saved my career and way of life.”
~ Ken L.


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Case No. 1728081 – Rebecca R.

DISMISSED

Rebecca’s career as a long-time flight attendant for Continental Airlines was put in jeopardy when she was charged with Assault. She was suspended unless/until the charge was dismissed. She was a wronged wife who just couldn’t take it anymore. After her husband had engaged in a protracted affair, and after Rebecca had humiliated herself to the point of begging the Complainant to leave him alone to allow them to work on their marriage, [the Complainant had even pursued him to the extent of moving one mile away from their house], her husband assured her he would end it with Complainant in person – and would allow Rebecca to listen in by phone. He took Rebecca to Complainant’s place of employment and went into a back room with Complainant “to end it”. Rebecca waited anxiously for the promised call to listen in and hear it for herself. The call never came. At length she observed them emerging and her husband giving her a goodbye hug. She lost it and we leave details of the assault that ensued to your imagination. Two wrongs don’t make a right yet a major thesis of our defense was a passioned arguing of the egregious circumstances leading up to this “crime of passion“. We also employed other tactics we have learned by long experience to be successful in winning Dismissals in cases like this and were able to save her career with Continental.


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Case No. 1692729 – Andrew Y.

DISMISSED by our First Court Appearance

This was a case of self-defense in which the Complainant aggressively and obnoxiously confronted Andrew in a restaurant where Andrew was having dinner with Complainant’s estranged wife. Embarrassed, Andrew asked Complainant to step outside where Complainant escalated the aggression to the point of inflicting visible and painful injuries on Andrew. Andrew threw one well-aimed blow to Complainant’s face after which Complainant called police. Andrew had left the scene but willingly and calmly returned when police called him on his cell phone. We documented Andrew’s injuries with photos. We had two witnesses for our side vs. one alleged witness for Complainant but who never even left the inside of the restaurant. We moved quickly to gather the necessary evidence and were able to obtain a Dismissal from prosecutors by our first court hearing.


MISDEMEANOR ASSAULT BODILY INJURYMisdemeanor Assault Bodily Injury

Case No. 1611607 – Tiffanie N.

DISMISSED

Tiffanie was a working nurse, a surgical tech student and a responsible single parent who was charged with Assault while at Element [club] when a fight broke out involving one of her group. Her participation amounted to attempting to break up the fight and protect her friend. We had several eyewitnesses for our side who later got to tell their story – police listened to no one except the Complainant – who was intoxicated and had a criminal history. Besides eyewitness testimony we argued an astonishing number of stellar letters of recommendation from the Vietnamese community and further presented the glaring inconsistencies in Complainant’s statements to police.


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Case No. 1472559 – Omar G.

DISMISSED

When Omar was arrested on two felony charges he had three open warrants which landed him in jail with five cases, of which this Assault charge was one. He intended to plead guilty since he had broken the nose of Complainant and didn’t feel he had any defenses. Omar had driven his truck into a ditch while intoxicated; Complainant was the wrecker who tried to tow it. Mr. Haggard told him, “Not so fast on the guilty plea.” Our defenses included the wrecker driver’s vandalizing of Omar’s truck stacked on some aggressive plea bargaining due to the number of offenses with which he was charged.

Carl Haggard really fought for me. I was facing 15 to life. He hanged tough for me and my family. Also he got two felony cases dismissed and two felony cases reduced to misdemeanors with back time pleas. I went home to my family! He’s the greatest I’ve ever seen.
~ Omar G.


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Case No. 1479384 – Maria M.

DISMISSED

While shopping at Fiesta, Maria ran into her boyfriend’s ex-girlfriend, who taunted her. Maria’s daugher was present and, enraged at the insult offered her mother, attacked the ex-girlfriend. Maria tried to break up the fight but was charged with taking part in it. Our defense included presenting Maria’s involvement in this light rather than as one of offensive assaulting as alleged. Preserved store surveillance camera footage helped us in this part of our defense.


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Case No. 1171866 – Keith H.

DISMISSED ON DAY OF JURY TRIAL

This fight began as road-rage between our client and another motorist which spilled onto the side of the road after they had both pulled over. There were several witnesses, including those in retail establishments near the incident, and our client’s own children. Mr. Haggard bench-warranted our star witness out of the Federal Detention Center. This effort paid off and Mr. Haggard got the case dismissed on the day it was set for Jury Trial.


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Case No. 1332938 and 1332939 – Ike and Geraldine R.

JURY TRIAL VERDICT: NOT GUILTY

Our clients were a well-educated married couple, a Harvard MBA and a Registered Nurse, accused of assaulting the wife’s employer over a pay dispute. At first it appeared to be a “two against one” assault with our clients’ guilt at fact. The wife was pregnant and sustained injuries during the fight. Mr. Haggard’s thorough cross-examination of the Complainant, his witnesses, and police revealed numerous discrepancies in their stories, proved the blows thrown by our clients were in self-defense and defense of each other, and convinced the jury of our clients’ innocence.

What Mr. Haggard states in his advertisement is true. It was impressive to see how he conducted himself during the entire trial. He stood by his words at all times and worked for us all the way. I strongly recommend his services to any one who needs a good and experienced attorney.
~ Ike R.