What Is the Difference Between Assault and Self Defense in Texas?

Maverick Ray Law
July 29, 2020

Being charged with assault with a deadly weapon is a serious matter, and one that you should not take lightly. Depending on the circumstances, a conviction could result in a long prison sentence. You will need to rely on the skilled representation of a seasoned criminal defense attorney to mount a strong and effective strategy to give you the best chance of preserving your freedom.

Mounting an effective defense

While your situation is serious, the good news is that there are several possible defenses that an attorney can explore in fighting an assault with a deadly weapons charge.

The first and most obvious of these is a claim of self-defense. If you get into an argument with another person and you are in fear of great bodily harm or death, then you have the right to defend yourself. For this defense to be used, you must be able to show that you did not instigate or provoke the other party and that there was no reasonable chance that you could escape or retreat from the situation at hand. You also need to be able to prove that your self-defense response was of relatively equal response to the threat you encountered. For example, if someone slaps or punches you, you cannot shoot them several times if you hope to claim self-defense.

You can also claim that you were defending others as a possible defense. If your friends or family members were threatened, you have the right to protect them using reasonable measures. This can extend to protecting your property as well.

In other cases, you might be able to prove that you were falsely accused by the victim, or that no weapon was involved in the dispute that is at the center of the charge.

The Law Office of Maverick Ray serves clients in Houston, Pasadena and other nearby Texas communities.