Three Defense Strategies for Assault Charges in Floresville

 Posted on June 29, 2022 in Criminal Defense

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. However, these are two different criminal offenses. Battery refers to conduct that results in actual bodily injury. Someone 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.

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 is a “stand your ground” state. This means that Texans have the right to defend their property and home. Texas follows the “castle doctrine.” People in their homes, cars, or property have the right to use force when it is reasonably necessary. Self-defense is 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 from the Other Party

Another potential defense against assault accusations is consent. 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 Wilson County Criminal Defense Lawyer

If you or a loved one were charged with assault, contact BRCK Criminal Defense Attorneys for legal help. Our skilled Floresville assault defense attorneys can help you tell your side of the story and ensure your rights are protected. Call 830-769-1010 for a free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm