Defenses to Aggravated Assault Charges
There are many defenses to Texas aggravated assault charges under Texas law. A defense lawyer can defend these charges by contesting intent, injuries, or by self defense. An aggravated assault charge can be a second or first degree felony depending on the facts of the case.
One way a person can be charged with aggravated assault is by threatening or exhibiting a deadly weapon during an assault. A criminal attorney may be able to show there is insufficient proof a threat was made with a weapon or that a deadly was never exhibited during an assault. Witnesses to aggravated assaults’ are often unreliable and may not have much credibility when they testify. The crimes often occur at bars or parties and many times the witnesses may be impaired by alcohol or drugs.
Another way of proving an aggravated assault charge is by alleging serious bodily injury. At first glance this may seem easy for the prosecution but in reality proving a serious bodily injury can be difficult. To meet its burden the prosecutor must prove the victim suffered an injury that creates a substantial risk of death. What may appear to be a serious injury at the scene may not turn out to be that serious once the medical records are examined. A good criminal attorney will always get these records and closely examine them.
A defense attorney may also be able to beat an aggravated assault charge by raising self defense. A person can defend themselves with force if they are attacked or if they have a reasonable belief they are about to be attacked. This is easier to accomplish if there is any type of mutual combat involved. The police usually make the loser of a fight the victim and charge the winner. The police may have enough evidence to make an arrest but if self defense is raised the prosecution must prove beyond a reasonable doubt the defendant’s action were not reasonable.
Aggravated assault charges are serious and can effect you for the rest of your life, but there are many defenses to aggravated assault charges that are available under Texas law.