Facing Criminal Assault Charges
Criminal assault charges are serious. The potential consequences and severity depend on the nature of the allegations. Factors that affect your case include the existence of bodily injury, whether a weapon was used in the commission of the offense, and the nature of the relationship between the alleged victim and the accused.
Every case is unique; but every case should be treated with caution. Whether your case is simple or complex, it needs the attention of an attorney who has the expertise and skills necessary in defending individuals against such charges. We listen to your side of the story and determine the best strategy to resolve your assault case.
Texas Assault Law
Under Texas law, a person commits criminal assault if he:
- Purposefully, knowingly, or recklessly cause a person to suffer bodily injury, including the person’s spouse;
- Purposefully, knowingly, or recklessly threaten another person with imminent bodily injury, including the person’s spouse; or
- Purposefully or knowingly makes physical contact with another person, and they know or should reasonably know that the other person will interpret the contact as being offensive or provocative.
Family Violence Cases
If you or a loved one has been charged with domestic violence, the Hardy Law Group, PLLC, can help. Family or domestic violence refers to conduct that is alleged to have been committed by one person against a person in a family or dating relationship, or within a household. The most common offense is assault involving bodily injury to a family member. Common associated offenses include Interference with an Emergency Call, Violation of Protective Orders, Stalking or Trespassing.
A conviction for family violence can negatively impact your future. A record for domestic violence can affect your ability to find employment, rent an apartment, purchase a home, or even apply for secondary education. UNDER FEDERAL LAW, A FINDING OF FAMILY VIOLENCE PREVENTS A PERSON FROM PURCHASING, POSSESSING OR TRANSFERRING FIREARMS OR AMMUNITION.
It is important to note that actual physical evidence of injury is not required to find yourself arrested for family violence. It is enough that the alleged victim complains of physical pain. The police do not need visual evidence of injury. Many police departments, pursuant to their policies and procedures, are required to make an arrest for family violence when an allegation is made. They make arrests based on probable cause, which is a relatively low burden. While many arrests are justified, many are based upon misunderstandings or outright misinformation supplied by a complaining witness in the heat of the moment. We understand that. It is our job to take advantage of these favorable circumstances and do everything possible to either have your case dismissed or lessen the impact of such an arrest. We are, of course, prepared to fight for your innocence when necessary.
The Hardy Law Group, PLLC, is experienced in handling and aggressively defending against these types of cases. We have represented HUNDREDS of clients throughout Tarrant and surrounding counties and have succeeded in either dismissing or reducing these charges. We welcome you to look at our HISTORY OF DISMISSED CASES.
We will work to protect your rights and allow you to move along with your life. Call now to discuss your case for free.
Texas Law Regarding Self Defense
Under Texas law, self-defense is a justification defense, spelled out in Chapter 9 of the Texas Penal Code. Generally speaking, a person is justified in using force against another person under certain circumstances. According to the statute:
“…a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect t the actor against the other’s use or attempted use of unlawful force.
The law places father limitations on what is deemed “reasonable” belief, as well as situations in which the use of force is not justified. Generally, the use of force by an actor against another is not justified when it is used in response to verbal threats alone, if the actor consented to the force by the other, or if the actor provoked the other’s force.
Self-Defense In Trial
Although the burden of proving assault always rests with the prosecution, a defense attorney must present evidence of self-defense. And if it is raised by the evidence, then the prosecution must prove beyond a reasonable doubt that the person was not acting in self-defense. As a result, if the prosecution fails to disprove self-defense, then a jury will be instructed to find the person not guilty.
We Can Help You Fight These Charges
Each assault case is unique. An experienced assault defense attorney will understand that evidence presented against a defendant, while technically accurate from the perspective of a police officer, is inherently incomplete. That’s because a police report is written with the goal of justifying an arrest. In doing so, your side of the story may be missing or incomplete. The lawyers at Hardy Law Group, PLLC, will listen to your side of the story and, if necessary, conduct our own investigation. This kind of involvement often leads to new evidence and a better understanding of the events leading to your arrest. Our approach is an important reason why we have been successful in defending hundreds of citizens accused of assault.
We Know What It Takes To Give You The Best Chance To Win
Contact us today to discuss the details of your case. Write us through our Contact page or call our office in Fort Worth, TX, at (817) 857-4111. We offer free and confidential consultations.
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