If you have been charged with assault in Texas, you may be terrified. Maybe you were simply playing around when you accidentally struck someone with a heavy object, and they accused you of being abusive and trying to assault them. On the other hand, maybe you were being reckless and this created an injury, but you never intended to cause harm.
There are a variety of different defenses that you may want to discuss. Whenever you are charged with the crime of assault, the person who accused you will need to prove that you caused bodily harm based on three different components. In court, the prosecution will need to declare that you committed the crime knowingly. This means that you purposefully harmed another person with full intent to do so.
You can also be convicted of assault if the prosecution can prove that you did the act intentionally. This means that witnesses will need to testify that you meant to harm the person that was injured by your actions. If you can argue that you did not mean to harm that person, then you may be able to obtain a case dismissal. For example, if you were toying with a gun and accidentally shot it off, then this would be a viable reason to declare that you were not intentional in your actions. As well, if you committed the crime recklessly, you can be convicted of assault.
When discussing reckless crimes, the prosecution will need to prove that you were reckless with a disregard for those around you and were not concerned about causing harm to them when you committed assault. The prosecution can also prove you guilty if they can evidence that you intentionally or knowingly threatened someone else including your spouse. IF you want more information about assault laws or your options for defense, then you need to talk to a lawyer today at The Martinez Law Firm.