Building a Defense for Tarrant County Assault Charges
In Tarrant County, assault is defined as performing an act that makes another person believe the assailant is about to cause them physical harm. Even a threat of harm could be considered an assault on another person in some cases. This type of crime can be considered either a felony or a misdemeanor depending on the severity of the alleged assault. However, both have very serious consequences.
If you have been charged with assault, speak to a criminal defense attorney as soon as possible. Building a defense for Tarrant County assault charges can be a difficult task without the aid of an attorney. Call us today for a consultation, and we could help you achieve a favorable outcome in your case.
Disputing Evidence in Tarrant County
In any assault case, the prosecution is going to present the court with evidence that the defendant attacked, threatened, or touched someone else in a way considered to be offensive. The defendant, with the help of their attorney, can then dispute this evidence in an effort to prove otherwise.
Using this type of assault defense in Tarrant County will depend on many factors. The facts surrounding the case will determine if the evidence can be disputed. Eyewitnesses that can dispute the prosecution’s purported evidence are often the most successful when using this type of Tarrant County assault defense. An attorney with experience building a defense for Tarrant County assault charges could discuss whether or not disputing evidence would be effective in your case.
Affirmative Defenses in Assault Cases
The other type of defense for Tarrant County assault that is much more common than disputing evidence is known as an affirmative defense. In these cases, the defendant will admit that they committed the assault, but they will also prove their actions were justified.
For example, if one person physically hit another, they may be charged with assault. In their defense, they or their attorney may tell the court that the person they hit had hit them first, and the defendant was simply trying to defend themselves. The courts may agree that it was a case of self-defense. For self-defense to be successful in Tarrant County, the defendant cannot have provoked the other person into action. For example, if the alleged victim actually hit the defendant first, but they did so because the defendant had provoked them by attacking or threatening them, self-defense may not be successful as a defense for the defendant.
Self-defense could also include one’s property in Tarrant County. Under Texas law, property owners can use a certain amount of force to protect their property. However, it is important to understand that the amount of force used must be in direct proportion to the amount of danger the other person poses.
For example, if someone was just trespassing across another’s lawn and did not appear to be dangerous, the property owner would not lawfully be allowed to attack them. But if that same trespasser broke into the home and threatened or attacked the property owner, they would be considered much more dangerous. As such, the property owner could use greater force in order to defend themselves and their property.
Speaking with an Attorney About Tarrant County Assault Defenses
An attorney will know what defenses can work best for any particular case. We could discuss your case with you to help find a defense that works for the specific facts of your situation.
If you have been accused of assault in Tarrant County, speak to a criminal defense attorney today. You deserve to have your side of the story heard, and we have experience building a defense for Tarrant County assault charges.