Fighting Assault And Family Violence Charges

In Texas, the law says that a person is guilty of assault if they "intentionally, knowingly or recklessly cause bodily injury to another person, including the person's spouse." Furthermore, the law also describes a bodily injury as any impairment in physical condition or pain. So you can see that it's a pretty low legal threshold.

If you have been charged with this offense, turn to Sutton Milam & Fanning in Waco, Texas. Our attorneys are ready to provide aggressive defense representation for you.

What Are The Most Common Defenses?

However, there are some defenses to assault that often fit the facts of the case. Self-defense is probably the most familiar one. It says that a person has a right to use a reasonable amount of force to defend themself. Consent is another one ... it basically says that if two people decide they going to settle things via a fist fight, we aren't going to let the loser of that fight cry "assault!"

What Are Not Acceptable Defenses?

A couple of things that are not defenses are provocation and retaliation. Provocation would be where someone gets in your face and says rude or annoying things in an attempt to get under your skin, causing you to punch them. Retaliation, of course, is where you attack someone because they first did something to you or someone else.

A Domestic Violence Conviction Carries Penalties You May Not Have Considered

If the complaining witness in your case is a family member or a roommate, you may have the phrase "Family Violence" tacked on to the end of your charge. There are two key elements of a family violence charge that you need to know about. First, if you are convicted, you may never again possess a firearm or ammunition. Second, if you are charged with another "Family Violence" offense, it can be enhanced to a Third-Degree Felony.

Learn More By Contacting Us Today

Understanding whether certain defenses or enhancements apply to your case can be quite confusing. That's what our law firm is here for. Set up a free consultation with one of our lawyers. We will talk through the entire event and arrest with you, helping you create an effective strategy. Call us at 254-633-3048 or email us today.