If you are reading this, it’s likely that you or someone you know is facing serious charges related to family violence assault in Texas. This is a difficult and overwhelming situation, and you may feel confused, fearful, and unsure about your future. It’s important to understand that you are not alone during this challenging time. At Wilder Law Firm, we understand the stress that comes with facing family violence charges, and we want you to know that we are here to guide you through every step of the legal process. We are deeply committed to providing the legal support you need to help you achieve the best possible outcome for your case.
Family violence assault charges are serious, but there are various legal defense options available. Each case is unique, and the appropriate defense strategy will depend on the specific details of the situation. This blog aims to provide you with an understanding of your potential legal defenses so you can make informed decisions about your case. We are here to help you understand these options and work with you to develop a defense strategy that is tailored to your circumstances.
What is Family Violence Assault in Texas?
Before diving into the defense options, it’s crucial to first understand what constitutes family violence assault in Texas. According to Texas law, family violence occurs when a person intentionally or recklessly causes harm or threatens harm to a family member, household member, or someone with whom they have a dating relationship. This can include physical harm, threats of harm, or even emotional abuse.
Family violence assault is a criminal offense that can carry severe consequences, including jail time, fines, and a permanent criminal record. If you are convicted of this charge, it can impact many aspects of your life, including your employment, reputation, and future opportunities. That is why it’s so important to have a strong legal defense by your side.
Common Legal Defense Strategies for Family Violence Assault Charges
When facing charges of family violence assault, there are several legal defense strategies that may be available to you. These defenses can vary depending on the specific facts of the case, but some common defenses include:
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Self-Defense
One of the most common defenses in family violence assault cases is self-defense. If you were acting to protect yourself or others from immediate harm, you may have had a legal right to use force. In Texas, self-defense is a valid legal defense if you can show that you were in fear for your safety and that your actions were necessary to prevent harm. However, it’s important to note that self-defense is only justifiable if the force used was reasonable and proportionate to the threat.
For example, if you were threatened with physical violence and used force to protect yourself, you may be able to argue that your actions were necessary to prevent harm. This defense can be complex, and it requires careful analysis of the facts of the case. If you believe that you acted in self-defense, it’s essential to discuss this defense with your attorney as soon as possible.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.”
- Forrest Davis
I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."
- Steve Ak
My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."
- Rudy Castanon
Lack of Evidence
Another common defense strategy is challenging the evidence presented by the prosecution. In many cases, the prosecution must prove that a crime occurred beyond a reasonable doubt. If there is insufficient evidence to support the claim of family violence assault, your attorney may be able to argue that the case should be dismissed or that the charges should be reduced.
For example, if there are no physical injuries, no eyewitnesses, or no other evidence to support the assault claim, your attorney may be able to challenge the credibility of the allegations. In some cases, the prosecution may rely solely on the testimony of the alleged victim, but if there is no corroborating evidence, it can be difficult to prove the case in court.
False Accusations
Unfortunately, false accusations of family violence assault can happen, and they can be devastating. In some cases, individuals may make false claims of assault due to personal reasons such as a desire for revenge, custody battles, or other conflicts. If you believe that you have been falsely accused, your attorney will work to investigate the circumstances of the accusation and present a defense based on the claim of innocence.
Your attorney may gather evidence to show that the accusation is false, including text messages, witness statements, or video footage that contradicts the victim’s story. False accusations can be extremely damaging to your reputation and future, so it’s crucial to work with an attorney who is skilled in handling these types of cases.
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Mistaken Identity
Mistaken identity is another possible defense to family violence assault charges. In some cases, the alleged victim may have mistaken you for someone else, or there may be confusion regarding the identity of the person who committed the alleged assault. If there is any doubt about your involvement in the crime, your attorney can help you build a defense based on mistaken identity.
This defense may be particularly relevant if there were other individuals involved in the incident or if the alleged victim was unable to clearly identify the person who caused the harm. Mistaken identity defenses can be complicated, but they can be effective if there is sufficient evidence to support the claim.
Consent
In some cases, the alleged victim may have consented to the actions that led to the assault charge. This defense is often used in cases where the alleged assault occurred during a consensual altercation or argument. For example, if both parties were involved in a physical confrontation and neither party intended to cause harm, consent may be a valid defense.
However, it is important to note that consent is not a valid defense in all family violence cases. If there was a clear intent to harm or if the assault was excessive, the defense of consent may not apply. It’s important to consult with an attorney to understand whether this defense is appropriate for your case.
The Importance of Having an Experienced Attorney on Your Side
When facing family violence assault charges, having an experienced attorney by your side is crucial. Your attorney will play a key role in analyzing the facts of your case, evaluating the evidence, and helping you determine the best defense strategy. At Wilder Law Firm, we understand the emotional and legal challenges you are facing, and we are committed to providing compassionate and effective legal representation.
Our team will work with you to thoroughly investigate your case, identify potential defenses, and build a strong legal strategy that is tailored to your unique situation. We will also ensure that your rights are protected throughout the legal process, from the initial investigation to the trial, if necessary. Our goal is to help you achieve the best possible outcome for your case, whether that means a dismissal of charges, a reduction in penalties, or a successful verdict in court.
At Wilder Law Firm, we believe that everyone deserves a strong defense, especially when facing serious charges like family violence assault. We are here to help you navigate the legal system and provide the support you need to move forward with confidence. Our experienced legal team has successfully helped many clients facing family violence charges, and we are ready to do the same for you.
If you are facing family violence assault charges in Texas, don’t wait to get the help you need. Contact Wilder Law Firm today to schedule a consultation. We will listen to your story, review the details of your case, and work with you to develop a personalized defense strategy that puts your best interests first. Let us help you protect your future and work toward the best possible result for your case.
