DEFENSES AGAINST AN ASSAULT CHARGE

Every circumstance will be different and it’s up to the Katy assault attorney to do their due diligence in investigating the incident. Generally speaking though, defense strategies can include the following…

• Self-Defense: Texas law gives everyone the right of self-defense. The criteria is that the defendant must have been an imminent danger. The jury will decide if feeling danger was reasonable given the circumstances, and the assault an appropriate response. The right of self-defense extends to the right to defend one’s property.
• Mistaken Identity: This defense might apply in situations where crowds were involved, such as at a bar or major outdoor event. In our era of cellphone video, reliable DNA evidence and other means of identification, a diligent defense lawyer has ways of working with a client who is facing unjust accusations.
• Severity of the Injuries: In cases where the defendant is guilty of the assault, it’s still possible that injuries have been exaggerated, turning what should be simple assault into an aggravated assault charge. Getting charges reduced is first and foremost about the criminal penalties. But convictions on assault can be used as the basis for a civil lawsuit against the defendant.

Challenging the severity of injuries up front in the criminal justice process can make the difference in potential damage awards in civil court.
Cory Roth Law Office is there for defendants no matter what. The promise of the American justice system is that everyone deserves a fair trial and to us, fairness means a truly aggressive and vigorous defense on behalf of every client who comes through our door.

Call today at (713) 322-5733 or contact us online to set up a consultation.