Attorney
An assault charge in Texas can turn your life upside down. A conviction can result in steep fines, jail or prison time, and a permanent criminal record that follows you for years. But being charged with assault does not mean you are automatically guilty. Depending on the circumstances, several defenses may apply to your case.
At Daniel Collins Law, we defend individuals in Fort Worth and Tarrant County who are facing assault charges. We know how to analyze the facts, challenge the prosecution’s evidence, and fight for your future. Below are some of the most common defenses available in assault cases.
Self-Defense
Texas law allows individuals to use reasonable force to protect themselves from imminent harm. If you were attacked or reasonably believed you were about to be harmed, you may have acted in self-defense.
To establish self-defense, your attorney will highlight:
- That you had a reasonable belief of imminent danger,
- That you did not provoke the other person, and
- The level of force you used was proportionate to the threat.
Defense of Others
Just as you have the right to protect yourself, you also have the right to use reasonable force to defend another person. For example, if you stepped in to protect a friend or family member who was being attacked, your attorney may raise the defense of others as a justification.
Defense of Property
Under certain circumstances, Texas law also allows the use of force to protect property. If someone was unlawfully trying to enter your home, vehicle, or place of business, you may have had a legal right to act. The specifics of this defense depend on the situation and the level of force used.
Consent
In some cases, consent can be a valid defense to assault. This often comes up in situations such as sports or agreed-upon physical encounters, where the alleged “victim” voluntarily engaged in the conduct that led to the injury.
Lack of Intent
Assault requires that the accused intentionally, knowingly, or recklessly caused bodily injury or offensive physical contact. If the incident was truly an accident without intent, it may not rise to the level of criminal assault.
False Accusations
Unfortunately, false allegations of assault are not uncommon. They may arise from personal disputes, custody battles, or attempts to damage someone’s reputation. In these situations, your attorney will carefully examine inconsistencies in the accuser’s story, credibility issues, and other evidence that undermines their claims.
Insufficient Evidence
The prosecution bears the burden of proving guilt beyond a reasonable doubt. If the evidence is weak, contradictory, or based only on unreliable witness testimony, your attorney can argue that the state has failed to meet its burden.
Why Strong Defense Matters in Fort Worth
In Fort Worth and across Tarrant County, assault charges can carry significant penalties depending on the circumstances. These range from misdemeanor fines and jail time to felony convictions with lengthy prison sentences. A conviction can also affect employment, housing, and family matters such as child custody.
At Daniel Collins Law, we are dedicated to protecting your rights and developing a customized defense strategy tailored to your specific situation. Whether that means raising self-defense, challenging evidence, or negotiating for reduced charges, we fight to protect your freedom and future.
FAQs About Assault Charges in Texas
What is the difference between assault and aggravated assault?
Aggravated assault usually involves serious bodily injury or the use of a deadly weapon. Penalties for aggravated assault are much more severe than for simple assault.
Can I claim self-defense if I was the first to make physical contact?
Generally, self-defense is not available if you provoked the encounter. However, if the other person escalated the situation, self-defense may still apply.
What happens if the alleged victim doesn’t want to press charges?
In Texas, assault charges are prosecuted by the state, not the alleged victim. Even if the victim doesn’t want to move forward, the prosecutor can still pursue the case.
Protect Your Future with Daniel Collins Law
If you’re facing assault charges in Fort Worth or Tarrant County, you don’t have to face them alone. At Daniel Collins Law, we are ready to listen to your story, explain your options, and fight for your rights at every stage of the process.
Contact Daniel Collins Law today for a confidential consultation and let us help protect your future.