Violent offenses carry the most social stigma and also some of the most serious penalties in the Texas criminal justice system. Assault may be less serious than homicide, but it is still a violent offense that could result in jail time and a criminal record.
Whether you get arrested at a party after an altercation or had the police show up at your home days later because someone filed a report, you could find yourself facing assault charges because of a confrontation with someone else or an alleged fight in which you didn’t even participate.
As with many other kinds of offenses, the penalties possible for assault charges in Texas can be significant depending on the circumstances. What are some of the ways that you could potentially defend yourself against claims that you assaulted another person?
Claim self-defense
It is illegal to hurt another person or to touch them aggressively. However, Texas allows those who become violent for their own protection or the protection of other people or their personal property to claim self-defense in response to criminal charges.
Provided that you can prove you did not instigate the situation and that you acted out of concern for your safety, your property or the well-being of others, you can potentially avoid a conviction and a criminal record.
Establish a strong alibi
Can you prove that you were at the other side of the party at the time that the fight broke out? If there are photos of you in another part of the property moments before the physical altercation, that could create enough of a reasonable doubt that a jury might question the accuracy of the identification made by the drunk participant in that fight.
Showing that you were somewhere else or indisposed at the time of the alleged assaults could be a way for you to defend yourself against claims that you intentionally caused physical injury to another person.
Challenge the evidence against you
From enhanced security camera footage to eyewitness statements, there are shortcomings and issues with many of the most common kinds of evidence used in criminal proceedings.
Those who want to assertively defend themselves in the Texas criminal courts have a right to review the evidence gathered by the state and attempt to defend against it. Many people choose to bring in expert witnesses to point out the flaws in relying on eyewitness testimony or to explain how questionable certain kinds of video enhancement actually are.
Considering all of the ways to defend yourself and thinking about the long-term consequences of a conviction can help you respond appropriately after an arrest for assault charges in Texas.