When attacked or threatened, defending yourself or your loved ones might be your only option. Unfortunately, the legal system doesn't always recognize self-defense, and victims who fight back can end up facing assault charges. In Texas, there is a thin line between self-defense and assault. This makes it important to understand your rights and the legal standards before a confrontation occurs.
If you're facing assault charges, the consequences can be devastating and have a long-lasting impact on your life. To protect your freedom and ensure you're treated fairly in Texas's justice system, get legal help from a skilled and knowledgeable Austin assault defense attorney.
How is assault different from self-defense in Texas?
Texas law defines assault as intentionally, knowingly, or recklessly causing bodily injury, threatening bodily harm, or engaging in "offensive" or "provocative" physical contact. The charges can vary widely, from misdemeanors to felonies. However, that depends on the severity of injuries, the use of a weapon, or the victim's identity (e.g., a public servant). While "simple assault" is typically a misdemeanor, certain conditions can elevate the charge to a felony, with harsher penalties.
Is self-defense legal in Texas?
Texas law allows you to defend yourself and others. However, the legal boundaries of self-defense can be blurry, especially if you're facing assault charges. There are three primary defenses against assault in Texas:
- Self-defense: The law permits using reasonable force to protect yourself from a threat. However, the response must be proportional to the threat. For example, if someone slaps you, you may push them away to prevent further aggression. However, breaking their nose could be seen as excessive.
- Defense of others: You can use force to protect another person from violence or a credible threat of harm. Like self-defense, actions must involve the minimum force needed to neutralize the threat.
- Defense of property: Texas law gives you the right to use force to protect your property, such as your home or vehicle, under the "Stand Your Ground" law. This defense can apply if someone attempts to unlawfully enter or damage your property.
What are the assault charges and penalties in Texas?
Assault charges in Texas carry varying penalties, including fines, jail time, or even decades in prison. Here are some common assault charges and their potential consequences:
- First-degree felony assault: Causing severe bodily harm or using a deadly weapon to assault a public servant while they are performing official duties can result in a first-degree felony charge. Penalties range from 5 to 99 years in prison and fines of up to $10,000.
- Aggravated assault: This charge is applied when an assault involves a deadly weapon or causes serious injury. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.
- Third-degree felony assault: Assaulting a public servant while they are performing their duties, causing bodily harm, is classified as a third-degree felony. Convictions can lead to 2 to 10 years in prison and fines up to $10,000.
- Class A misdemeanor assault: Known as "simple assault," this charge involves causing bodily injury and is punishable by up to 1 year in county jail and fines reaching $4,000.
- Class C misdemeanor assault: This charge covers situations where no bodily harm occurs, but there is a threat of injury or offensive contact. The penalty is a fine of up to $500.
An assault conviction can have lasting consequences beyond fines and incarceration. It can appear on background checks, impacting your job prospects, educational opportunities, housing applications, and even social relationships. Even if you're found not guilty or your case is dismissed, records of your arrest and the charges may still be accessible until you take steps to have them expunged.
Contact an assault defense attorney for legal help
If you're facing criminal charges after defending yourself, someone else, or your property, it's time to take action. Proving your case requires an attorney who understands the laws in Texas and can devise a compelling argument in your favor. The experienced Austin assault defense lawyers at Botsford & Roark are here to protect your rights and fight for the best possible outcome. With a proven track record of success in Travis County and throughout Central Texas, we know how to build defenses that put your side of the story front and center.
We'll guide you through every step, work tirelessly to challenge the charges, and pursue justice on your behalf. Whether you're facing misdemeanor or felony charges, we'll use our knowledge, experience, and resources to help you achieve the best possible outcome in your case. Contact us today for a free consultation.