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How a Defense Attorney Can Help When Facing Assault Charges

The Law Firm of Andrea M. Kolski

In the state of Texas, getting charged with assault can be devastating. Because of the “no-drop” rule, only prosecutors can drop the charges, even if the alleged victim decides that they no longer wish to pursue the case. Unfortunately, false accusations of innocent people is a growing problem within the system. This means that innocent people must fight an uphill battle. Innocent people risk having assaults on their records and face the lifelong consequences associated with those alleged assaults.

It’s not uncommon for contentious divorce cases, child custody disputes, or even a bad breakup to trigger false accusations of assault. Sadly, this can happen when one party tries to get leverage over the over party by using the laws designed to protect us from harm. These accusers often believe that lying about abuse or assault will get them an advantage over their opponent. If the accused doesn’t mount a proper defense, they could be in real trouble, even if they are completely innocent.

If you’ve been accused of assault, don’t assume the system will work in your favor. Texas prisons are filled with people who made the mistake of trusting the system The smartest move when facing accusations is to hire an experienced criminal defense attorney with expertise in defending against assault accusations. A good criminal defense lawyer will offer you the legal support you need to fight those charges and prove your innocence.

We’re here to talk all about assault charges, potential defenses, and the many ways an attorney can help you weather the storm. Read on to learn more.

First: Simple vs Aggravated Assault

There are two primary types of assault according to the law: Simple assault and aggravated assault.

Simple assault means that the defendant knowingly caused or threatened injury to another party. They may also create some form of contact that they know (or should know) would provoke a confrontational response. Assault does not have to be physical, but in most cases, it is.

Aggravated assault carries a more serious charge. In domestic situations, it can be a first-degree felony.

If someone is being charged with aggravated assault, it means they were using a deadly weapon. Deadly weapons can be conventional, like guns or knives, or anything else that someone can wield or brandish to cause harm (even a stiletto heel).

Both of these charges are problematic, but aggravated assault is far more serious and often requires a more experienced criminal defense lawyer to help.

Potential Defenses Against Assault Charges

So what happens when you get an assault charge in Texas? Your Texas assault attorney can help you “justify” your actions if it did in fact take place. We’ll talk more about what happens if the claims were completely false later on.

So how can an attorney justify “assault?” Here are a few options. An experienced assault lawyer can determine which, if any, of these strategies might work for your situation.


Self-defense is a common option when it comes to dismissing an assault charge. If the defendant was protecting themself, the assault charge is no longer valid.

In the state of Texas, people can defend themselves against violence or even the threat of violence as long as the defense is reasonable. In other words, the defender has to use the least amount of force possible in order to protect themself.

If the assailant slapped the defender, the defender could slap the assailant in return. If they were to use extreme force to defend themself, the “self-defense” defense would be difficult to prove.

The person defending themself can not be the person who provoked the assault in the first place.

In Texas, there is no legal obligation to retreat from an attack. Because of this, self-defense is often employed as a legal defense when it comes to assault charges.

Defense of Property

While this is less common, defense of property is also a valid option. The “Stand Your Ground” law allows people to protect their homes and vehicles against assailants.

If your “assault” was in response to someone trespassing on your property or otherwise causing harm, your lawyer may be able to use this type of defense.

Defense of Others

In the state of Texas, you can use reasonable force to defend others from harm as well as yourself. If you can prove that the other party was threatening or causing harm to someone else, you can justify your assault.

“Unintentional” Assault

This one is tricky. The law is the law regardless of whether or not you knew you were causing harm, but if the “assault” was unintentional, your attorney may be able to use that to your advantage.

For example, let’s say that during an argument with a partner, one person went into another room to cool off. The other person tried to stop them from closing themself into the room by putting their hand in the doorway. When the first person closes the door, not realizing that there’s a hand in the way, they hurt the second person.

While this may look like assault, the “assailant” didn’t mean to do it. They were unaware that closing the door would result in bodily harm.

How an Assault Attorney Helps When Facing False Assault Claims

Todays society is filled with stories of victims and perpetrators. Unfortunately, false accusations by alleged “victims” are also commonplace throughout the legal system. There are any number of motivations behind false accusations which are essentially lies or exaggerations of assault. Contentious divorces, child custody battles, or an embittered ex-partner can set the stage for groundless claims against another. What do you do if you’ve been accused of assault, but nothing resembling assault has taken place?

First and foremost, you call a lawyer. This is no time to take the law into your hands. You need a lawyer to defend you against false claims.

False claims can come from a witness or the affected party. They may not be ill-intentioned (for example, if a witness thinks they saw something they didn’t see), but these allegations are all challenging to fight in court.

Your attorney will do investigative work to help you fight those charges. They may also talk to other witnesses (if applicable) and look for physical evidence that can support you.

In a case in which one party is blatantly lying, a good criminal defense attorney can use cross-examination questions to find the holes in their story and ultimately, catch them in their lies. This type of questioning takes skill and requires an attorney with plenty of courtroom experience.

Don’t let false accusations turn you life upside down. Having a criminal defense attorney on your side can mean the difference between freedom or conviction.

It’s Time to Hire an Attorney for Your Case

Assault is a serious charge. If you’re unable to prove your innocence, it can change your life forever. If you know that you’re innocent, it’s time to work with a local assault attorney who’s on your side. Even if there is some kernel of truth to the accusations, you still have rights that deserve to be defended. Oftentimes, there are simple strategies to get charges reduced or dismissed completely.

At Non Stop Justice, we work tirelessly to defend the rights of our clients. We make every effort to stand up for our clients and stand up to false accusations of abuse. Our track record of success in abuse and assault cases is second to none. Contact us to set up a consultation today.

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