Assault and battery criminal charges are among the most serious, as a conviction has the potential to result in penalties as serious as a long prison sentence and large fine.
With so much on the line, it’s imperative to choose the right assault defense strategy for your case.
The strategy you choose is based primarily on the details of the circumstances resulting in your arrest. Here are several of the most common assault defense strategies:
- Self-defense: This has long been a common assault defense strategy. However, in order to prove self-defense, you must be able to show that there was a threat of harm against you. You must also show that there was no other option for avoiding the situation, such as retreating from the area.
- Defense of another individual: This is similar to self-defense, with the primary difference being that you were defending another person, such as a friend or family member. In a similar manner as self-defense, you must prove that there was a threat of harm and no other option but to take physical action.
- Defense of property: You may be able to prove that you took action against an individual in an attempt to defend your property. For example, if someone comes into your home, tells you to give them all your money and threatens you with violence, you have the right to protect yourself.
While these are among the most common assault defense strategies, others could come into play as a result of the circumstances of your case. For example, consent is an uncommonly used strategy, but it’s available to you nonetheless.
The penalties for an assault and battery conviction in Texas are serious. Even if you’re only convicted of a Class A misdemeanor, you can receive up to a $4,000 fine along with up to one year in jail. And as the seriousness of the charges increases, such as to a felony, so does the potential for far-reaching consequences.
If you’re charged with assault and battery, learn more about your legal rights, available defense strategies and the steps you’ll take to give yourself the best chance of preventing a conviction.