The general advice regarding a self-defense claim is simple: You should not hit first. If the other person strikes you, then you can defend yourself. If you hit them first, you could find yourself facing assault charges because you instigated the fights.
You get arrested on assault charges after a fight. You claim it was just self-defense. After all, you know you have a right to protect yourself from harm.
Many states look at assault and battery as two related, but very different, legal charges. The main issue is that an assault can just be a threat of physical violence, while battery is the carrying out of that physical action.
Texas takes a dim view of assault cases and is famously tough on those who commit assault. For that reason, anyone who is accused of assault in Texas should take it very seriously. There may be circumstances where a lawyer may be able to credibly argue against a conviction and prevent or moderate the legal consequences for the defendant they represent. Of course, even more importantly, the defendant may not be guilty, and may need that proven by their lawyer in a court of law.
In an assault case, multiple things need to be determined. Those include exactly what happened, what fault there was and what mitigating circumstances, if any, there were. All of those will undoubtedly be looked at in regard to a current Texas case in which a police officer is being charged with aggravated assault by a public servant, which is a first-degree felony.
Many people are under the impression that aggravated assault and simple assault are "pretty much one in the same."
Authorities have charged two brothers, ages 23 and 21, with the robbery of a gas station in Harris County, Texas. Sheriff's deputies shot the younger of the two brothers when he allegedly pointed a gun at them after being ordered to drop it. Police filed theft charges against both brothers and assault charges against the wounded suspect.Deputies went to the gas station in response to a report of a robbery. Deputies arrived at the gas station as the suspects exited the station's convenience store. When they allegedly saw one of the suspects holding a gun, the deputies told him to drop it, but he pointed the gun at one of them. Both deputies fired at the suspect. A helicopter took the wounded suspect to a local hospital where he was listed in critical condition. His brother, who was uninjured, was arrested and taken into custody.
A Crockett, Texas, man chose the wrong T-shirt to wear when deputies from the Houston County Sheriff's Office came to arrest him on a family violence complaint. The mug shot taken at the suspect's booking shows him wearing a shirt emblazoned with the words "This is what a great father looks like."The arrest warrant was issued following allegations by the man's wife that he brandished a .22-caliber pistol during a domestic disturbance. There were no injuries reported. The suspect posted a $30,000 bond to obtain his release following the arrest.
A fight between two men in an apartment in South Houston, Texas, ended with one man dead and the other in police custody on a criminal charge. According to the police investigation of the incident, officers went to the apartment in response to reports of a fight at a party. Police found a 58-year old man who they believe struck his head when he fell after being hit by the 39-year old suspect. The injured man died after police took him to a hospital.The suspect was arrested in a field near the apartment where he fled after the fight. The man struggled with police, who sprayed him several times with pepper spray before subduing him. He faces assault charges in connection with the fight at the apartment and aggravated assault for the struggle with the police in which one officer was injured.
Navigating the complex emotions of familial relationships can is often a very difficult task. This seems to be the case in a recent incident in Houston. After a 24-year-old man and his mother got into an argument, the situation escalated to the point where the man eventually used a fireman. Since the incident, the man has been dealt family violence charges.