What Is Assault?
In Texas, assault is any intentional act that makes others think you are about to cause harm. It doesn’t matter if you actually cause physical harm. Simply threatening harm or acting in a way that makes others think they are at risk is enough to trigger assault charges. For example, throwing a punch but missing or pretending to throw a punch and causing others to think that you’re trying to hurt them can both lead to assault charges.
Texas law says that intentionally or knowingly causing physical contact with someone that others would reasonably know will be found provocative or offensive can be classified as assault. This can include rubbing up against the person in a sexually suggestive manner or poking them in the chest during an argument. If the other person slaps the assailant, they’re not going to be considered guilty of assault because they were provoked.
Do I Need an Attorney for Assault Charges?
Are you being charged with assault in Fort Worth, Texas? Are you at risk of being charged with assault? Talk to a Fort Worth attorney. Note that Texas doesn’t separate assault and battery as separate offenses.
Battery is when you make intentional, unwanted physical contact, generally with intent or threats of bodily harm, so it doesn’t really matter if you’re charged with assault or assault and battery.
Get an attorney involved as soon as possible. They may be able to prevent the case from being filed in Tarrant County altogether. If the case isn’t filed, you’ll never look guilty. Or they may prevent you from being arrested, much less having to make bail.
Don’t be afraid of looking guilty because you hired an attorney. The district attorney and the courts recognize that innocent people often hire attorneys to defend them. You’re not going to hurt your case by seeking legal advice. The guilty often hire attorneys, as well, because it can help them get a better deal in court.
Always have an experienced criminal defense counsel when you’re charged with assault in Fort Worth. A good Tarrant County defense attorney can improve the odds the charges are dropped as well as winning your case. For example, your attorney may be able to prove that the other party provoked you or that your actions were self-defense. Don’t try to argue self-defense on your own, because it is rare that the accused can sway a judge or jury that way.