Assault causes bodily injury charges in Texas can be a life altering experience. It is essential to act quickly to protect your rights and secure a favorable outcome. Understanding the common defense strategy in these cases can significantly impact the trajectory of your defense. In this blog, we will discuss effective defense strategies for assault causes bodily injury charges and provide guidance on protecting your rights in Texas. Need help with an assault case in Texas? Contact Walker & Taylor, PLLC, to request a free case evaluation now. We can help you explore the top strategies for your case.
Self-defense is a mandatory defense strategy in an assault causes bodily injury case. In Texas, you have the right to protect yourself or others from imminent harm. To properly claim self-defense, you must show that your use of force was reasonable and immediately necessary based on the circumstances. Collecting evidence such as eyewitness testimonies, photographs, or video footage supporting your self-defense claim can be instrumental in building a strong defense.
2. Lack of Intent:
In some cases, the prosecution needs to prove that you intended to cause bodily injury or knew that your actions would lead to such harm. If you can demonstrate that your actions were accidental or lacked the requisite intent, it can weaken the prosecution’s case. For instance, if a physical altercation occurred unintentionally and you did not have any malicious intent, the prosecution may struggle to establish your guilt beyond a reasonable doubt.
3. False Accusations:
False accusations of assault causing bodily injury can significantly impact your life. Unfortunately, they are not uncommon. If you believe you have been wrongly accused, it’s crucial to gather evidence that supports your innocence. This may include identifying witnesses, collecting video footage, or presenting alibi evidence that helps debunk the allegations against you. A skilled defense attorney can assist you in navigating the investigation process, protecting your rights, and ensuring your voice is heard.
4. Insufficient Evidence:
The prosecution must provide sufficient evidence to prove your guilt and secure a conviction. If they fail to do so, the charges may be dismissed. Your defense attorney will carefully assess the evidence against you, searching for any inconsistencies such as unreliable witnesses or flaws in the prosecution’s case. Challenging the evidence and presenting persuasive counterarguments can significantly weaken the prosecution’s position.
5. Constitutional Rights Violations:
During an arrest and the collection of evidence, law enforcement must adhere to specific protocols to safeguard your constitutional rights. If they violate these rights, it can lead to the exclusion of evidence or even the dismissal of the case. Examples of violations may include an illegal search and seizure or failure to read you your Miranda rights. Your defense attorney will scrutinize the circumstances of your arrest and identify potential violations to protect your rights.
How To Secure Reliable Representation to Dismiss an Assault Case
When facing charges of assault causing bodily injury in Texas, it is crucial to have a knowledgeable defense attorney by your side. They can help you understand the defense strategies available and fight to protect your rights. Remember, every case is unique, and seeking legal guidance tailored to your specific circumstances is of utmost importance. Contact our experienced criminal defense attorneys today to discuss your case, understand your options, and receive the support you need.
While every case is different, and the specific circumstances of your case will determine whether or not it is likely to dismiss it, getting a qualified attorney who handles assault cases in your corner is your best option. As Houston’s trusted criminal defense law firm, Walker & Taylor, PLLC, can connect you with an experienced attorney who handles assault cases and will carefully assess your case to identify any weak spots that could lead to a dismissal.