Assault is a serious criminal offense in Texas, and it carries harsh penalties. Therefore, it’s essential to understand your legal options if you are facing criminal charges. Depending on the unique circumstances of your case, you may be able to use self-defense as a valid defense against your assault charges. Please continue reading to learn when self-defense can be raised in an assault case and how an experienced Dallas Assault Lawyer can assist you during these difficult times.
How is Assault Defined in Texas?
In Texas, assault is defined as, “intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or making offensive or proactive physical contact with someone when you know or should know they would find it offensive.”
Is Self-Defense an Effective Defense for Assault Charges?
If you have been compelled to use force in response to a threat, it can be challenging to determine who is responsible for the events that unfolded. Given the complexities of such scenarios, it’s imperative to enlist the help of a skilled criminal defense attorney who can help gather evidence that demonstrates that the force you used was not only necessary but also reasonable under the specific circumstances leading up to the incident.
When you claim self-defense, you are stating that your use of force was justified to protect yourself from a threat of harm. To succeed, you must show that you were threatened with imminent harm and did not provoke the attack. If you were the aggressor, you would have difficulty claiming self-defense. This is an affirmative defense, which means it can be used as an effective defense strategy against assault charges as long as you can prove:
- You had a reasonable belief that you were in imminent danger of being harmed.
- You evaluated the circumstances the way a “reasonable” person would.
- The level of force you used in self-defense must be proportional to the threat you were facing.
If you can prove the above elements, or that you were acting in defense of another person, you may be able to get your assault charges dismissed or reduced. It’s important to note that Texas is a stand-your-ground state, meaning you don’t have a duty to retreat before using deadly force to defend yourself. Under this law, you are justified in using proportionate force to defend yourself or others, without the obligation to retreat, if you reasonably believe you or someone else is in imminent danger of serious bodily injury or death. Therefore, you don’t need to prove that you could have safely retreated from the situation before using force.
Should I Consult a Lawyer?
As you can see, self-defense laws are complex. If you were charged with assault, please don’t hesitate to contact a determined attorney from Spangler Law who can help you understand the legal process, and provide you with the optimal defense strategies for your case. Connect with our firm today to learn how we can fight for you.
