Assault can be a very serious offense in Texas. However, there are legitimate defenses in Texas assault cases. Here are some common questions our Fort Worth criminal defense lawyers are asked.
Self-defense can be a defense in an assault charge. In Texas, someone is entitled to self-defense or the defense of a third party.
A classic example is when a homeowner assaults an intruder in his or her house. Of if someone attacks your child in public you are entitled to fight back.
If a person used force against another person, it can be a defense if they believed force was immediately necessary to protect themselves or another from the immediate use of force or a threat.
Your conduct post-arrest could harm your defense. It’s very important to be careful about what you do or say.
One of the most common mistakes defendants make during an assault case is to talk to police officers and unwittingly incriminate themselves. Your Miranda Rights which an officer will read to you, state anything you do or say may be used in evidence against you.
You should give no information beyond the basics like your name, address, and date of birth. If you hire a criminal defense attorney, he or she will take over your case and ensure you don’t make any mistakes.
If you choose to talk to a police officer, you can fall into numerous traps. Police interrogators are very adept at getting information out of defendants. Even if you have a valid defense, a police officer will seek to undermine your case.
Your information may be taken out of context or used to corroborate other evidence that will undermine your case.
It’s also a mistake not to hire an experienced Texas criminal defense lawyer. Some defendants believe they can represent themselves. That’s invariably an error.
Another key mistake defendants make is to discuss their criminal case with family members and friends or to even post details on social media. In some cases, defendants contact the alleged victim of the assault or violate a protective order.
If you are convicted of assault, you might be able to get treatment as an alternative or in conjunction with incarceration. Anger management classes, therapy, and rehabilitation for substance abuse may be offered to you based on your situation.
People charged with assaults may be advised by their lawyer to seek counseling or anger management before being ordered to do so by the court to help their case.
A protection order may be requested by the victim. This is sometimes done automatically, particularly in family member cases. The court will frequently enter a protective order. On many occasions, as a condition of bond, a court will order that the accused has no contact with the alleged injured party or witnesses.
Read more questions and answers about assault cases in Texas on our website or call The Medlin Law firm today.