People may find themselves accused of assault in a number of different scenarios. Some people experience interpersonal conflict when a co-worker escalates an argument into a physical fight. Others might get into a disagreement at a business or a social gathering that culminates in a fistfight.
In such scenarios, the people involved in the dispute could very well end up facing assault charges. Under Texas state statutes, it is possible for prosecutors to bring charges against those accused of intimidating, inappropriately touching or injuring another person.
Those facing allegations of assault are often unsure of how to respond. In certain cases, they might be able to raise a defense by claiming that they acted in self-defense. When can defendants use a claim of self-defense in response to pending assault charges?
When their reaction is reasonable
Under self-defense statutes, individuals generally have the right to use the amount of force they deem necessary to protect themselves against the imminent threat of criminal activity.
So long as another reasonable person might feel endangered and afraid in the same situation, the defendant can potentially develop a defense strategy based on self-defense. The behavior, body language or words of the other party need to create a credible threat of injury or other criminal harm.
When they didn’t instigate the situation
Texas has relatively robust self-defense rules. However, there are certain limitations. People generally cannot claim that they acted in self-defense if they were committing a crime at the time of the incident. Even an offense as minor as trespassing could affect an individual’s ability to assert that they acted in self-defense.
Additionally, the person claiming to have acted in self-defense cannot instigate the fight. They cannot threaten the other party or throw the first punch and then claim that they acted in self-defense. That being said, there is no duty to retreat before acting in self-defense in most scenarios.
A careful analysis of the situation leading up to the assault charges may help a defendant determine whether they have grounds to assert that they acted in self-defense. Developing the right response to violent criminal charges may help people avoid convictions that could affect their lives for years to come.