Assaults happen in all different kinds of settings.
They happen at football games, bars, and in the home.
When the police are called, or a victim gives them a statement, their job is not to debate you or listen to your story. Their job is to “investigate” (take a statement, take some photographs), likely make an arrest (or maybe issue a citation, or issue a citation and make an arrest), and send the case file to the prosecutor for prosecution.
You should not say anything to them without a lawyer present.
However, an arrest and charge is not the same as a conviction.
If you have been charged with assault in Texas, the Tidwell Law Firm can represent you in court. Our experienced criminal defense attorneys will ensure that your rights are defended and that you are given the best defense possible.
Here is how to beat assault charges in Texas.
This is a common defense to an assault charge in Texas.
If someone threatens you or attempts to injure you, you cannot be held liable under the law for assault. You must, however, establish there was a real perceived threat of injury that has a reasonable basis.
In other words, most people in a similar situation would fear bodily injury to themselves or others. You must also be able to show that there was no provocation on your part.
However, unlike other states, you do not have a duty to retreat. In other words, if someone throws a punch at you and you beat them up, you’re within your rights to do so.
Defense of Others
This is similar to a self-defense claim. If you injure another person who was attempting to injure someone else, that is a valid defense under Texas law.
Defense of Property
In some cases, you can assert a defense of property against assault.
But the caveat is you have to catch the person in the act.
If your neighbor hasn’t returned your lawnmower in about two months, you can’t go down there and beat them up to retrieve it. If you find someone burglarizing your home or someone picks your pocket, you can use force to subdue or retrieve the property.
The “I Didn’t Do It” Or “You Can’t Prove It” Defense
The assault happened, but for whatever reason – mutual combat, let bygones be, their own personal history – the other party no longer has an interest in seeing you prosecuted or convicted. Oftentimes, we will know the other party has no motivation to participate, and that the prosecutor will not be able to present a witness at trial. The lack of a witness oftentimes means the prosecutor will have to dismiss the case.
These types of instances do not become fully realized until close to or at trial.
How a Texas Criminal Defense Attorney Can Help
The state must prove the charge of assault beyond a reasonable doubt.
In order to do this, they generally rely on eyewitness testimony to make their case.
The court must decide several things, including: To what extent are the witnesses credible and reliable? Were they inebriated? Are they neutral third parties or friends of the “victim” or the defendant?
In certain cases, facts may be assumed from circumstance. For instance, if a spouse or girlfriend calls the police on her boyfriend, physical markers of the assault can be taken for evidence of the assault.
Our job as criminal defense attorneys is to force the prosecution to prove any allegation they make beyond a reasonable doubt.
If possible, we’ll negotiate a deal for a lesser violation but only when it’s in your best interests to do so.
Talk to a Texas Criminal Defense Attorney to Beat an Assault Charge in Texas
Penalties for assault range from non-criminal offenses (like parking tickets) to serious felonies.
If you’ve been charged with assault, the attorneys at the Tidwell Law Firm can ensure your rights are respected and offer the best defense available under the law.
Contact us today to discuss your case during a free consultation.
schedule your free consultation.