What Are Possible Defenses To Aggravated Assault Charges In Texas?
The biggest defense for aggravated assault is the same for any assault charge. But the biggest is self-defense. It’s what’s termed an affirmative defense and affirmative defenses. I think it’s under Chapter 12 in the penal code, and there’s a list of complete defenses. In order to claim affirmative defense, you have to prove it by preponderance of the evidence, and it has to be reasonable. But affirmative defense is a complete defense. It’s basically saying that yes, ‘I did it, but I had a reason why, and that reason is justified and it’s a complete defense.’ In other words, if somebody comes at me, and I commit the crime of assault, but I believe that they’re about to hit me, as long as my force was reasonable, that would be self-defense.
Protective defense can also be used as a defense. Protective defense extends to third parties. For example, if you’re trying to protect a third-party or someone that’s going to get assaulted, you can say it was protected defense if you intervened in some way, but got arrested for assault or aggravated assault. Protection of a third party or protection of your home would be self-defense.
How Do Police Determine Who The Aggressor Is In A Scenario Involving Assault?
Police who are Determining who the aggressor is in a scenario involving assault is completely subjective. Sometimes, both people involved will get arrested. But, that’s commonly not the case. If police are called to any type of assault charge, aggravated or otherwise, an arrest will be made. They don’t come to play. They’re not there to be therapists. Someone is going to be arrested. From the police officer’s standpoint, they arrive after the fact almost every single time, and they might have a 911 call which they rely upon, but in my opinion, the person that gets arrested is usually not the person that made the phone call. Therefore, the person that makes the phone call is usually not the person that gets arrested, even if they’re the person that committed the assault, or if the situation is unclear.
Cases where both parties get arrested are very rare. I’ve also seen cases where the person who makes the phone call gets arrested. The police show up and maybe that person left, and then the person that’s there lies and tells a different story. Then they put on an arrest warrant or make an arrest on the person that actually made the call. It can work both ways, but it’s very subjective.
Is An Order Of Protection Automatically Placed In Every Assault Case In Texas?
In Texas, an order of protection will most of the time become automatically placed in an assault case. Most of the time, at least a 60 or 90-day emergency protective order is put into place, regardless of whether the person wants it there. If someone wants something extended past the day, they can certainly pursue it with a protective order, but in most cases in most counties, and with most judges, they are going to produce it as a safety precaution. That’s called an emergency protective order or EPO, and it is meant to prevent any future altercations that may possibly occur. You can get that lifted, and a lot of times you don’t want that there.
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