Assault is one of the most commonly charged crimes in Texas and throughout the United States. Many think assault means hurting someone by punching or hitting them. In reality, you don not have to make physical contact with another person to be convicted of assault in Texas. Threatening someone can also be considered an assault. For example, threatening another person with a bodily injury can be considered an assault.
Strategies to Defend Against Texas Assault Charges
If someone causes a bodily injury, assault can be charged as a Class A misdemeanor and is punishable by up to a year in jail and a fine of up to $4,000. Under certain circumstances, assault can be charged as a third-degree felony punishable by two to 10 years in prison.
Working with an experienced attorney to develop an effective defense strategy is important to avoid conviction on misdemeanor or felony assault charges. An attorney may be able to negotiate a lower charge or get your charges dismissed. Every case has a unique set of facts and will require a unique strategy that depends on the crime’s severity, the victim’s status, and the circumstances leading up to the alleged assault.
Self-Defense or Defense of Others
Self-defense and the defense of others are among the most common defenses against assault charges. Every person is guaranteed the right to protect themselves and others in imminent danger. If you were in danger, you had a right to make physical contact in self-defense. You cannot be convicted for taking reasonable actions to defend yourself or others who were in danger. An attorney can help you prove that you were under threat of injury and were trying to protect yourself or another person.
Defense of Property
If you find another person trespassing on your property or unlawfully using any movable, tangible property that belongs to you, you can use force. However, you will need to show that using force was the only way you could have stopped the trespasser from trespassing or unlawfully using your property. You need to show that you caught the person in the act and that they were in the process of trespassing on your property or illegally using your property.
Existence of Reasonable Doubt
As with every other crime, prosecutors need to prove every single element of assault beyond a reasonable doubt. Texas prosecutors may bring charges against you knowing they do not have enough evidence to prove the assault charge. An experienced criminal defense attorney can gather evidence on your behalf and show that the prosecution failed to prove you committed the crime of assault.
Can a Criminal Defense Attorney Help Me Beat My Assault Charge?
At Abel Law Firm, we understand the implications of facing assault charges. We have a proven track record of successfully achieving the best outcome possible for our clients. If you have been charged with assault, one of our experienced attorneys can fight hard to help you protect your rights. Contact Abel Law Firm today to schedule your initial case evaluation.