Accident and family law attorneys

The Bryant Law Firm

Assault Charges Defense

Defending yourself against assault and battery charges in Texas

In Texas, unlike in some other states where they are treated as two separate crimes, assault and battery are treated the same in terms of burden of proof.

To be prosecuted for assault or battery, it must be proven that one of the following took place:

  • A defendant recklessly, intentionally or knowingly caused bodily injury to a victim;
  • A defendant was responsible for causing physical contact with a victim, knowing the victim would regard the contact as provocative or offensive;
  • A defendant threatened a victim with imminent bodily injury.

An assault case becomes an aggravated assault case when the defendant uses or exhibits a deadly weapon during the assault, causing serious bodily injury. Assault cases can be tried as misdemeanors resulting in a fine of $500 all the way up to a second-degree felony resulting in up to 20 years in prison and a fine of up to $10,000.

There are serious implications if you are charged with assault, aggravated assault or assault and battery. Fortunately, skilled attorneys can employ many defenses, including:

  • Self- defense, if you can prove that you were being attacked as part of the incident and were genuinely concerned that you could be harmed.
  • Defending others, in an incident where someone threatened another person and you intervened to stop the act.
  • No act of assault took place. Basically, it is your word versus the word of your accuser.
  • Defending your property. If someone trespasses on your property illegally or threatens you in your home, you may be able to take reasonable actions to defend yourself and your premises.
  • The act was unintentional or a mistake. Being careless does not meet the standard of an intentional act in some cases.
  • Age, especially if the person who committed the act was very young at the time and could not understand what the consequences of their actions would be.
  • Diminished mental capacity. A person who is mentally incompetent may not able to fully understand the result of their actions.

The Bryant Law Firm proudly serves Harris County and the surrounding communities of Galveston, Fort Bend, Brazoria, and Montgomery Counties.

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