What I have learned over the years as an Assault Lawyer in Houston is that many times the “victim” in a domestic violence case is going to be whoever is the first to get to the phone and call the police.
A case I got dismissed recently is a perfect example of that. Unfortunately, my client and her boyfriend got into an altercation at a local bar. They were both intoxicated. My client refused to leave with her drunk boyfriend and insisted that she was going to call a friend to pick her up. When she again refused to leave with him, he hit her (knocking her to the ground) and started dragging her out by the feet. The bouncers quickly jumped in to protect her and kicked him out.
My client called a friend, who drove her home. When she got home, she found all her things on the front lawn and she was locked out of the house. Finally, after banging on the door for about 5 minutes, her boyfriend cracked the door open to tell her to leave. She tried to force her way in, but he shut the door and called the police. He told the police that she was drunk, crazy, tried to force her way in, and that she hit him.
The police arrived, found her crying on the front porch, and immediately put her in hand cuffs. They did not get her side of the story, they did not do any investigation, they just immediately arrested her because HE CALLED THE COPS. This happens way too often, and it is very unfortunate.
Luckily, we were able to do investigation, get witness statements, get the information of the bar, and the DAs did the right thing and dismissed the case. This doesn’t change the fact that she lost money having to post a bond, hire a lawyer, and multiple missed days of work having to go to court. And the worst thing is, the person who should have been arrested faced no consequences.
So just remember, first to the phone typically wins. So, if you have been assaulted you need to protect yourself and make a report. You do not want to run the risk of having someone else call and omit all of the important information.
If you ever find yourself having questions, contact me. As an Assault Lawyer in Houston I have seen every scenario imaginable and I would be happy to talk to you about your situation.
Eric Benavides is a Houston Criminal Defense Attorney. He is a co-founder of Benavides & Serrano, PLLC. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College, and is a proven trial lawyer. He has been recognized as one of the best criminal lawyers in Houston by the Houstonia magazine, and has earned a perfect 10.0 rating on AVVO.