A 58-year-old man is facing a felony charge for allegedly punching a woman in the face and then kicking her as she lay on the ground. The incident is said to have taken place in Raymondville on June 10. The man, who remains in custody on a $150,000 bond, claims that he was acting in self-defense. He has been charged with domestic assault in the third degree, which is a Class E felony in Texas.
Police became involved when a deputy was dispatched to the Texas County Memorial Hospital after the Texas County Sheriff's Department received a report of an assault. Initial reports do not make clear if it was the alleged victim or doctors who called law enforcement. According to media reports, the woman identified her assailant and told the deputy that he had become enraged because she was speaking with her son on the telephone. Initial reports reveal that the woman had a lump and a small bruise on her face but no stomach or hip injuries.
The deputy then visited the scene of the alleged violent incident and took the man into custody. He is said to have told the deputy that the woman struck him and then fell to the ground as the pair scuffled. The deputy reported that the man had a scratch on his face and a mark on his torso that could have been left by a shoe.
Experienced criminal defense attorneys may advise individuals facing serious charges like felony assault to make no statements to law enforcement before consulting with a lawyer. When presented with facts such as these, attorneys may urge prosecutors to reduce or drop the charges because the injuries suffered were superficial, and establishing proof beyond any reasonable doubt could be difficult when the only evidence is comprised of contradictory statements made by the individuals involved.