Three Strategies for Defending Against Assault Charges in Texas

 Posted on July 28,2022 in Criminal Defense

Under Texas law, assault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms “assault” and “battery” are often used interchangeably. In some states, the offense of “battery” refers to conduct that results in actual bodily injury, but Texas does not recognize battery as an offense separate from assault. Instead, the offense of assault encompasses most behaviors that constitute battery in other jurisdictions.

A person can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges. As such, many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges.

Acting in Self Defense in Texas

People have the right to defend themselves against those who mean them harm. Unfortunately, some individuals find themselves in handcuffs for simply trying to protect themselves. According to the Texas Penal Code, an individual is justified in using force against another if he or she reasonably believes that the force is needed for protection. However, the force must be reasonable considering the circumstances.

Acting in Defense of Property

Texas follows the “castle doctrine” when it comes to defending one’s home and property. This means that Texans in their homes, cars, or property have the right to use force when it is reasonably necessary. The use of force may be considered justified if the actor reasonably believes that the other person was illegally entering the property, trying to commit a violent offense, or trying to remove the actor from his or her property.

Consent or Assumption of Risk

Another potential defense against assault accusations is consent or the assumption of reasonable risk. For example, if a group of individuals all agree to play football, a person cannot claim that they were assaulted if they get tackled during the game. The question of consent is a huge factor in many sexual assault cases. Sometimes, one person claims that a sexual encounter was consensual, while the other says the contact was not consensual.

Contact a Denton County Criminal Defense Lawyer

If you or a loved one were charged with any type of assaultive offense, contact Magaña & Van Dyke for legal help. Our experienced Denton violent crimes defense attorneys can help you tell your side of the story and ensure your rights are protected. Call 940-382-1976 for a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm