Top 6 Defense Strategies for Assault in Texas

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TOP 6 DEFENSE STRATEGIES FOR ASSAULT IN TEXAS

Are you facing allegations of criminal assault? The Texas Judicial System imposes strict punishment for all violent crimes, including any form of assault. You could face long-term personal, professional, and financial damages if you convicted for an assault crime.

A criminal defense lawyer may employ several tactics to build an effective case to defend you against these charges. We reveal the top 6 criminal defense strategies for allegations regarding any form of assault, including simple assault, aggravated assault, domestic violence, and/or sexual assault.

1.) INNOCENCE

The claim that you are innocent seems like an obvious strategy to utilize in the courtroom. In the United States legal process, you are innocent until proven guilty. You lawyer’s job is to protect this innocence. A solid defense case that is centered around your innocence is developed through a collaboration of several methodical approaches.

Evidence may exist that could prove that you were in a different location at the time of the alleged assault. This could include witness testimonies, photo/video surveillance, receipts, etc. You criminal defense lawyer may be able to develop an alibi proving you are innocent.

2.) FALSE ASSAULT ALLEGATIONS

Assault

False allegations of assault are common and especially prevalent in domestic violence cases. Utilizing the defense strategy that the assault claim is false can be especially effective in cases that lack evidence. 

Your criminal defense lawyer may utilize several tactics to build a case that proves an assault claim is invalid. For example, your criminal defense attorney may work to identify and highlight inconsistencies that exist in the alleged victim’s testimony.

This defense strategy is also highly effective when factors exist that could be considered as motivation for the victim. For example, child custody battles, divorce, break-ups, etc.

3.) SELF-DEFENSE

Self-defense is an effective strategy when there is evidence that without a reasonable doubt an assault occurred. Utilizing this defense strategy requires your lawyer to prove that without a reasonable doubt you acted to protect yourself from serious and immediate harm. Self-defense claims also require that you used only the amount of force necessary.

4.) DEFENSE OF PROPERTY

The Texas Justice System allows individuals to protect their property from harm. This defense strategy applies to situations in which the force used was necessary to prevent the occurrence of a crime, including trespassing.

This defense strategy may also apply to the use of force to regain personal property when the other individual has no right to the property.

5.) PROTECTION OF ANOTHER INDIVIDUAL

You are legally allowed to demonstrate force to protect other individuals from immediate and serious harm. The claim that you committed assault to protect another person is governed by the same stipulations applicable in self-defense cases.

6.) CONSTITUTIONAL VIOLATIONS

Proving that your constitutional rights were violated may allow your criminal defense lawyer to have charges lessened or even dismissed entirely.

EXAMPLES OF CONSTITUTIONAL RIGHT VIOLATIONS:

  • Failure to read the defendant their Miranda Warning at the time of arrest.
  • Illegal Search and Seizure
  • Coerced Confession
  • Failure to Follow Legal Procedures

GALLIAN FIRM LLC

Building the most effective defense strategy to fight allegations of assault will depend on several unique factors in your case. Contact Gallian Firm, LLC today and allow an experienced criminal defense lawyer to begin developing a defense strategy that can help you beat these charges.