How Can I Prove Self-Defense in an Aggravated Assault Case?

 Posted on October 15,2024 in Practical Advice

Aggravated assault is a more serious offense than assault. It usually means the defendant knowingly caused serious bodily harm or flashed a deadly weapon during the act. In its basic form, aggravated assault is a second-degree felony that carries between two and 20 years in prison and a fine of up to $10,000. If the assault was committed in the context of domestic abuse or caused traumatic brain injury, it is a first-degree felony and carries five years to life imprisonment, as well as a fine of up to $10,000.

One of the most powerful defenses against an aggravated assault charge is self-defense. If you acted to defend yourself or others, you might be able to reduce the penalties or even have the case dismissed. However, Texas laws on self-defense are specific and can make a self-defense claim somewhat difficult to prove. The best way to argue self-defense is through an experienced attorney. If you acted in self-defense and are being charged with aggravated assault, contact a Texas criminal defense lawyer as soon as possible.

What Are the Self-Defense Laws in Texas?

Under Texas law, a person is allowed to use force against someone else as long as the following are true:

• The attacker is trying to break into the person’s house, car, or business or remove the person from a place he or she has a right to be. The use of force can also be justified if the attacker is attempting to commit a violent crime against someone else like murder or sexual assault.
• The person reasonably believes force is immediately necessary.
• The person did not provoke the attacker.
• The person is not doing anything illegal (other than a traffic offense).
• The person does not use disproportionate force against the attacker but uses just enough to stop the crime.

These are known as "stand your ground" laws because they allow a person to use defensive force rather than retreat.

These laws have also given way to the Castle Doctrine, a legal principle based on the old saying that "a man’s house is his castle." It means that people do not have to retreat if they are in their own homes or on their own property. They may use reasonable force — deadly force, in some cases — to protect their property or themselves.

How Can I Prove Self-Defense?

If you are facing charges of aggravated assault, the burden of proof is on the prosecution to prove you committed the crime beyond a reasonable doubt. However, if you claim you acted in self-defense, the burden of proof is on you to prove it.

If you were in your home, place of employment, or car, it is a great start to your self-defense argument because of the Castle Doctrine. However, you will need to show evidence that you were in a place you were legally allowed to be, that you reasonably believed there was an immediate threat, and that you responded with proportionate force. Types of evidence you can present include:

• Witnesses who can testify in support of your claim
• Video footage, either from bystanders or security CCTV cameras, that show the incident
• Medical records that show any injuries you sustained from the attack
• Initial police reports that may support your version of events

Contact a Conroe, TX Self-Defense Attorney

Self-defense is a great way to head off an aggravated assault charge, but it is not easy to prove. The attorneys at Pullan & Young have experience on both sides of the criminal justice system and know what it takes to demonstrate a self-defense claim. Schedule a free consultation with a Montgomery County, TX criminal defense lawyer by calling 936-647-1540 now.