A defense lawyer must also prove that only enough force was used to prevent such an injury. He or she must prove that the defendant was in immediate danger and believed force was necessary to prevent serious injury. However, by claiming self-defense, the burden of proof shifts to the defense lawyer. An experienced criminal defense attorney can fight this claim in a number of ways, including establishing that the force applied was not in anger or malice, but rather was in self-defense. This means showing that the defendant intentionally harmed or threatened another person with anger or malice. To do so, prosecutors must be able to show that criminal intent was behind the assault. The prosecutor in an assault case has the burden of proving that the event was, in fact, an assault, and that the defendant is guilty beyond a reasonable doubt. Such an assault may be a misdemeanor or a felony crime, depending on the severity, and it can lead to such punishments as steep fines and prolonged prison sentences. If too much force was used, then self-defense cannot be a defense and the person can be charged with - and even convicted of - an assault. That is, it cannot exceed the amount of force needed to protect yourself, and the person you attacked cannot be a poor match for you in terms of age, gender or size. If you assaulted someone in self-defense in order to protect yourself from violence or the threat of violence, the amount of force you applied in your assault must be considered reasonable. For self-defense to be a legal defense against a charge of an assault, it must be shown that the person used the minimum amount of force possible in order to fend off an attack - that is, it must be shown that the person used “reasonable” force. Often at issue is how much force a person uses to defend himself or herself. Texas law holds that a person isn’t guilty of a crime when he or she committed actions for the purpose of self-protection which was reasonable at the time. First, you should know that self-defense can often be a legal defense in Texas when facing an assault charge.įor self-defense to be a valid legal strategy, a defendant must prove that he or she was justified in taking the unlawful action of an assault because the other person acted violently or made threats of violence.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |