When Is It Considered Assault v. Self-Defense?
If you intentionally cause someone physical harm or threaten them with injury, you might be facing assault charges. However, in some cases, people are wrongfully accused of assault when they were, in fact, acting in self-defense. Self-defense is a legal argument that should be handled by an experienced criminal defense lawyer.
At Maverick Ray & Associates, our lawyers are dedicated to defending the rights of our clients and fighting erroneous charges. We will fight to protect your reputation and your freedom. If you have been charged with assault in Houston or the surrounding areas, contact our office at +12819472007 to schedule a consultation.
How Is the Aggressor Determined in an Assault Case?
Assault occurs when someone intentionally, knowingly, or recklessly harms another person. A person may also be charged with assault if they threaten someone with “imminent bodily injury,” or make physical contact with someone that they know or reasonably should know would be offensive or provocative.
In some assault cases, it is one person who is the aggressor and another who is defending themselves from harm. It can be difficult to determine who the aggressor was without additional information. Law enforcement will use several things to decide if a person was the aggressor in an assault case, including prior complaints, eyewitness testimony, and video footage.
What Is Self-Defense?
If you are assaulted by another person you have the legal right to defend yourself. The Texas Penal Code lists self-defense as a justification for the use of force against someone else. The person defending themself, however, may only use the degree of force they reasonably believe is necessary to protect themself.
Self-defense is not justified if the person claiming it provoked the other person or if they were engaged in criminal activity. Furthermore, self-defense is not justified in response to verbal provocation alone or to resist an arrest.
What Should I Do If I Am Charged with Assault?
If you are charged with assault, you need to consult with an experienced attorney. A criminal defense lawyer can help you fight the charges and will prepare a strong defense in your case. Self-defense is one of the most common justifications in assault cases but can be challenging to prove without the help of an attorney.
It is important to act quickly as early intervention can be important in these kinds of cases. It is essential to remember that criminal charges are not a conviction. You have the right to defend against the charges, but you cannot wait. An attorney needs time to conduct a thorough investigation, including reviewing the police report, subpoenaing evidence, and gathering the information they need to help build a strategic defense in your case.
Hiring a Criminal Defense Lawyer
Were you charged with assault in Houston, TX? Contact our office at +12819472007 to schedule a free, no-obligation consultation. At Maverick Ray & Associates we are known for our ability to secure dismissals and “Not Guilty” Verdicts. Call now to speak directly with a lawyer about your case. Let us fight for you.
