Avvo Rating Badge
State Bar of Texas

How to Beat an Assault Charge in Texas

Jerry W. Tidwell, Jr.
How to beat an assault charge

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.

Client Reviews

I needed legal advice for a child custody dispute and had spoken with a few lawyers in order to gauge expenses and commitment requirements for legal action. Most of the lawyers I spoke with heard my situation...

William C.

I used Jerry Tidwell as the representing lawyer for two family law cases: my divorce and subsequent modification to child possession schedule. In each situation, Jerry took the time to listen to my concerns...

Karl Y.

Having to deal with the complex world of criminal cases, you will need the best legal representation on your side. Attorney Jerry Tidwell Jr. is that lawyer who knows his craft and always on the side of truth...

Joseph B.

Jerry has been amazing to work with and fights for you in every legal way possible while being completely open and honest throughout the entire process. I highly recommend Jerry for any legal matter you may...

Charles J.

When I found myself in need of a lawyer, I was referred to Jerry Tidwell. I am grateful for his help and expertise. After deciding to take my case to jury trial, the DA decided to make a deal, and anything...


Mr. Tidwell was reliable and well informed. He was just the individual that I needed in my time of legal need. I would refer him without a doubt and would utilize his services again in the future.


I hired Mr. Tidwell on a Tuesday evening. By Thursday, we had a final order and the case was settled. Mr. Tidwell was efficient, extremely communicative, and able to get us the exact result we had hoped for...

Candice H.

I was recommended to seek legal counsel from Jerry W. Tidwell, Jr. when I found myself accused of a crime I did not commit. Jerry helped me through the full process of my Criminal Defense from the early stages...

Dave **

They were awesome and very caring during my divorce. Very knowledgeable on all the laws. I have referred this firm to several people. My attorney was a bull dog!

Denise T

This lawyer is very thorough and knowledgeable about the law. He helped us rescue our grandchild from a very abusive home, and gave this child a much happier life. As God must’ve chose him to deliver children...

Flo S

Thank you for helping me to get through my divorce case — your wide range of expertise and representation was indispensable during this difficult time and I can’t thank you enough for your work ethic and most...


When Mary called me from [the] law firm I was pensive. She immediately settled me and knew why I was calling and provided sincere empathy. My current situation is quite dire but she assured me the attorneys can...

John E

Jerry gave me excellent legal representation. He is very knowledgeable, attentive and answered all my questions. I highly recommend him! I would give 10 🌟 if I could

Jordan B.

[The law firm] was recommended to me by several people in the area. I hired ... Jerry Tidwell has been my family lawyer. He has been available, honest and helpful. Nobody wants to be in the position to hire a...

Katie O

Mr. Tidwell is an exceptional attorney. He is prompt in his response time, knowledgeable, and compassionate. Mr. Tidwell outlined all options & their pros and cons. Highly recommend!

Katie P

I’m not sure if I can find the words to express how thankful we are to Mr. Tidwell for resolving our custody case. He goes above and beyond and never sugar coats things. If you’re looking for a custody lawyer...

Kristina B.

At first with [the other law firm], I started off, pretty bumpy and very slow. [Wound] up going through ... different lawyers and finally ended up with Jerry Tidwell. Once Tidwell took over [the] case...

Natisha M

I really can’t say enough of how much I appreciate Jerry and how he handled my case. The situation I was put in felt impossible but Jerry got everything taken care of and gave me the best outcome I could have...

Nick S.

We are forever grateful for all of the hard work Jerry and Mary put into our case. They communicated with us every step of the way and got our case closed with the BEST outcome in record time.

Jennifer K

This firm specifically Sarah Blackstock did exceptional work on my behalf. Her responsiveness is beyond exceptional.

Tim T

Mrs. Lanski was very kind, polite, and professional. She really made me feel welcome and that the team had my back. Thanks for all your hard work and dedication.

Melissa O

After 11+ years of fighting a battle I didn't think I could ever win, Sarah was able to change my mind. She was very considerate of all feelings involved, and found the best solution for everyone. Definitely...

Mary L

I had a wonderful consultation with this firm. Jerry and Mary were extremely helpful guiding me in the right direction. They are very professional, polite and knowledgeable. I’d recommend using them for your...

Nicole M

Mary Lanski is a real asset ... [s]he is attentive, courteous and very responsive. Out of 10, I would give her a 10+

Julia K

Phenomenal service. From the moment they picked up the phone call until the moment we disconnected it was top notch. Would definitely recommend.

J (Anonymous)

This guy has great reviews. He is going to help me resolve a problem I had on a case 16 years ago that I paid him for. Awesome guy!

Jonathan M

A well versed and trusting attorney! Mr. Tidwell was reliable and well informed. He was just the individual that i needed in my time of legal need. I would refer him without a doubt and likewise myself would...


When I found myself in need of a lawyer, I was referred to Jerry Tidwell. I am grateful for his help and expertise and I road the wave of the legal system. After deciding to take my case to jury trial, the DA...


Great guy to have in your corner I hired Mr Tidwell to assist me with some family law issues. From the first meeting I had a good feeling about him. His no nonsense, straight shooting ways are something to be...


Worth it! Mr. Tidewell viewed my case and warned me of potential holes in my own legal strategy that I had overlooked. He was open and honest with his intent and execution. Stellar performance; was aggressive...


Aggressive, Knowledgeable, and Trustworthy I consulted with and hired Jerry Tidwell to represent me on a child custody modification case back in February of this year. He was respectful of my perspective, and...

Mallory E
Fill out the contact form or call us at 972-234-8208 to
schedule your free consultation.

Leave Us a Message

5151 Headquarters Drive
Ste 205

Plano, TX 75024