In most states, criminal charges can be brought against someone accused of assaulting another person. If the court determines that the defendant intentionally, knowingly, or recklessly caused bodily injury to another person—or, in some cases, threatened to cause imminent bodily harm—the defendant could face legal consequences, including jail time, costly fines, and more. However, the Texas penal code recognizes certain circumstances in which an assaultive action could be legally justified, ultimately excluding the defendant from criminal responsibility. If you are currently facing assault charges in the Pearland area, speak to a knowledgeable criminal defense attorney to determine whether one of the following legal defense strategies could apply to your case.
1. You Acted in Self-Defense
As long as you had reason to believe that your safety or well-being was in imminent danger, the assaultive actions you take against the person intending to inflict bodily harm upon you may be justified under Texas law. It’s important to note that assaultive actions are not legally justifiable if you initially provoked the other party. The actions you take should be proportionate to the perceived threat, so extreme acts of violence toward the person who threatened you may not be justifiable.
2. You Acted in Defense of Another Person
If you used force against another person in order to protect the safety of a third party, your actions may be justified. According to Texas penal code 9.33, you are justified in using force against someone who is threatening the life or safety of a third person, and you have reason to believe that immediate intervention is necessary to protect this third party. If this description sounds like it applies to your situation, discuss your legal options with your attorney to start preparing a solid defense.
3. You Acted in Defense of Your Property
Texas allows rightful property owners to use force against anyone who is trespassing or unlawfully interfering with the property. Texas penal code 9.41 also allows someone who is unlawfully dispossessed of land or “tangible, movable property,” (such as a car), to use a reasonable amount of force in order to reenter the land or recover the property. If you committed an assaultive offense while defending your rightful property, share this information with your attorney right away.
For trusted and effective criminal defense services in the Pearland area, contact the Law Offices of Keith G. Allen, PLLC today by calling (832) 230-0075 to arrange a free consultation.