Defense in assault, aggravated assault, and homicide-related matters.
Violent crime allegations are prosecuted with particular intensity in Texas. The cases often involve serious potential punishment, contested factual claims, and emotional evidence. Defense work requires careful preparation, willingness to try the case, and an honest assessment of where the realistic strengths and weaknesses lie.
Texas Penal Code Chapter 22 covers assault offenses. Simple assault by causing bodily injury is a Class A misdemeanor. Assault by threat or physical contact that is offensive is a Class C. Aggravated assault, which involves serious bodily injury or use or exhibition of a deadly weapon, is a second-degree felony, increased to first-degree under certain circumstances.
Family violence assault, including assault against a member of the household, dating partner, or family member, carries enhancements and collateral consequences including loss of firearm rights under federal law.
Aggravated assault is one of the most commonly prosecuted serious violent offenses in Texas. The offense becomes aggravated when the actor causes serious bodily injury or when a deadly weapon is used or exhibited during the assault.
The deadly weapon element matters substantially because it triggers parole eligibility restrictions. A defendant convicted of aggravated assault with a deadly weapon must serve half of the sentence before becoming eligible for parole. Defense work often focuses on whether the alleged weapon meets the statutory definition and whether it was actually used or exhibited.
Family violence prosecutions in Texas follow specialized procedures. Prosecutors have specific units that handle these cases. Protective orders are routinely sought during the pendency of the case. Conditions of bond often include no-contact provisions and prohibitions on firearm possession.
Defense in family violence cases requires sensitivity to the relationship dynamics involved while still raising legitimate legal challenges. Many cases involve mutual conduct, prior false allegations, or motivations related to ongoing custody or divorce disputes that the prosecution does not fully investigate.
Texas homicide offenses include criminally negligent homicide, manslaughter, intoxication manslaughter, murder, and capital murder. The classifications turn on the mental state involved: negligence, recklessness, knowingly or intentionally, or qualifying circumstances for capital murder.
Defenses in homicide cases include self-defense and defense of others under Texas Penal Code Chapter 9, mistake of fact, lack of the required mental state, and identity. Each defense theory requires its own preparation and presentation.
Texas law provides robust self-defense rights. A person is justified in using force when and to the degree the actor reasonably believes the force is immediately necessary to protect against another's use or attempted use of unlawful force. Deadly force is justified when the actor reasonably believes it is immediately necessary to protect against another's deadly force, kidnapping, sexual assault, robbery, or certain other felonies.
The statute also includes the castle doctrine for the home, vehicle, and place of employment, and includes the no-duty-to-retreat provision when the actor has a right to be where the conduct occurs. Properly raised self-defense can result in dismissal, acquittal, or significantly reduced charges.
Talk to an attorney who handles these cases regularly. Consultation requests are reviewed personally and treated with full confidentiality.
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