ASSAULT DEFENSE LAWYER,
ASSAULT IN TEXAS
The offense of Assault in all its forms is codified in Section 22.01 of the Texas Penal Code, which, in brief, states that a person commits the offense of Assault when the person: “(1) Intentionally, knowingly or recklessly causes bodily injury to another person; (2) Intentionally or knowingly threatens another person with bodily harm; or (3) Intentionally or knowingly causes physical contact with another person that he knows the other person will regard as offensive or provocative.”
Assault includes causing bodily injury to or threatening your spouse, which is explained in greater detail in the Domestic Violence section of this website. Assault may be either a misdemeanor or a felony, depending on the manner in which the assault is committed, the relationship between the parties, the age of the complainant, whether the complainant is disabled, if a weapon was used and the circumstances surrounding the assault.
DEFENSES TO ASSAULT
There is an old axiom in criminal defense that goes something like this: “What do you call the winner of a fight? Defendant.” Not all assaults are unlawful. This does not mean you will not be arrested for assault but there are three affirmative defenses that are lawful justifications to a charge of assault.
- Self-Defense — Every person has the right to protect and defend himself or herself from another person’s attack. In Texas, you may even be justified in “throwing the first punch” under the principle known as “apparent danger.” In other words, you do not have to wait to get hit or injured before you are entitled to defend yourself. You may assert this defense at trial for the jury to consider. Once self-defense is raised by the defendant, the State must prove it was NOT self-defense beyond a reasonable doubt.
- Mutual Combat or Consent — The simplest examples of consent and mutual combat are boxing, MMA fighting and football. However, the defense of mutual combat or consent is not limited to sports. For example, if some guy in a bar challenges you to a fight and you oblige him, that is mutual combat or consent, not assault. If you win, do not be surprised if the guy who picked the fight claims assault. Assault allegations in this circumstance often do not go any further than the report and police see it for what it is. Sometimes, the circumstances are not clear to law enforcement and you may be arrested and charged for assault (see axiom above). The fact that you get arrested and charged does not mean you lose the defense of mutual combat or consent. If you go to trial, you can assert the defense at trial for the jury’s consideration.
- Defense of a third person — Just as every person has the right to protect and defend himself or herself from another person’s attack, so too do persons have the right to protect a third person from another’s attack. A guiding principle is if you would have the right to defend yourself in the particular circumstance, you have the right to defend a third person from attack. For example, if someone attacks your spouse, you have the right to defend your spouse from the attack.
WHAT TO DO IF YOU’RE CHARGED WITH ASSAULT
Call Brian Roberts because the right lawyer makes all the difference in assault cases. Brian has handled countless misdemeanor and felony assault cases as a prosecutor and as a defense lawyer and is here to help you if you are charged with assault. Brian is the lawyer you need with the experience you want.
BRIAN M. ROBERTS HAS EARNED THE CONFIDENCE OF HIS CLIENTS BY DEVELOPING A DEEP UNDERSTANDING OF THE SPECIFICS OF EACH CLIENT’S CASE
Call for a free consultation at (713) 237-8888.
Brian M. Roberts serves clients in Harris County and surrounding counties.
When your life and liberty are at stake, you need a lawyer who knows how to navigate the complicated criminal justice system. Brian M. Roberts believes that every client deserves a strong defense, whether they are a first-offender or someone with multiple convictions. As a criminal defense attorney, Brian M. Roberts has extensive experience and will wage a strong defense for you. Do not hesitate. If you have a problem, we encourage you to call us today for your free, confidential consultation.