The public often misunderstands assault charges. These misconceptions can lead to confusion, unnecessary anxiety, and potentially detrimental decisions for those facing such allegations.
Understanding the misconceptions surrounding assault charges is crucial if you are facing such an accusation.
1. Assault always involves physical contact
In Texas, assault can occur without physical contact. The law defines assault as intentionally or knowingly threatening someone with imminent bodily injury. Even a verbal threat can lead to assault charges.
2. Dropping charges is easy if the victim changes their mind
Once the police are involved, the decision to press charges often lies with the prosecutor, not the victim. The case may still proceed if the victim wants to drop the charges.
3. Self-defense always works as a legal defense
While self-defense can be a valid legal strategy, it is not a guaranteed defense. In Texas, you must prove that your actions were reasonable and necessary to protect yourself from imminent harm.
4. Minor assaults do not result in serious consequences
Even misdemeanor assault charges can lead to significant penalties. In Texas, a Class A misdemeanor assault can result in up to one year in jail and a $4,000 fine.
5. Assault charges are only applicable to men
This is a dangerous myth. Anyone, regardless of gender, may face assault charges. The law applies equally to all individuals, and women are just as capable of committing assault as men.
Do not fall victim to misconceptions
When confronted with assault charges, it is crucial to avoid common legal misconceptions that could jeopardize your defense. Instead, immediately consult a criminal defense attorney specializing in assault cases.
