Being charged with assault can have serious legal consequences. However, you may be able to make a self-defense claim to fight the charges if you were protecting yourself from harm when the incident occurred.
There are a few things to keep in mind when building a self-defense case.
Assess the situation
Analyze the events and circumstances that resulted in the assault charge. To claim self-defense, you need to show that you had a reasonable belief that you were in imminent danger of bodily harm. Determine specifics such as who initiated contact, the weapons involved and the details of any injuries sustained on both sides. Any evidence you have, including photos, medical reports and eyewitnesses, can support your side of the story.
Rule out provocation on your part
You cannot claim self-defense if you provoke the other person to use unlawful force. To help demonstrate you did not provoke the situation, you will need to describe your words and actions leading up to and during the incident to show you maintained peaceful behaviors. Any evidence that the other individual made threats, acted disturbingly or appeared ready to use physical force without justification is useful.
Consider the force of your actions
Texas has no duty to retreat requirement, but there are limitations. Even when defending yourself, you can only meet the threat with equal force. Make sure that you use only the amount of force required to protect yourself from harm.
Assault charges do not lead to an automatic conviction. Fighting the charges gives you the opportunity to avoid a criminal record and a potential jail sentence.