Fort Worth Assault Attorney
Fight Your Assault & Battery Charges
At The Law Office of Lesa Pamplin, P.C., we know that facing criminal charges
is intimidating, but we also have the skills and resources necessary to
building effective defensive strategies. If you have been accused of assault
& battery, you can trust our Fort Worth criminal lawyer to go to work
for you. We want to provide you with the confidence to face these charges
knowing that you have knowledge and experience on your side.
What is assault?
First and foremost, it is important to understand what you are up against,
and to know that we have the
criminal defense experience that you need to face it. To be charged with assault, you must
have allegedly threatened another individual with bodily harm, or intentionally
caused harm or offensive physical contact. This covers a broad array of
actions that can often include harmless actions that were misconstrued
or misinterpreted.
If you are convicted of misdemeanor assault, you can face up to a year
in jail and a $4,000 fine. However, mere threats of bodily harm may only
see fines of up to $500. If you have a previous record, or assault a public
servant or an emergency worker on the job, you may face a felony conviction.
Felony assaults typically result in sentences of up to 10 years in prision
and $10,000 in fines. If a weapon was used, the assault becomes aggravated
and you may see up to 20 years in prison.
Self-Defense
One of the most common defenses used against assault and battery charges
is that the defendant was acting in self-defense. It is easy for law enforcement
and passersby to misinterpret your actions as intentionally harmful, however,
they could have been simply to protect yourself from danger. Under the
law, you are not guilty of assault if your actions were in self-defense.
In order for self-defense to stand in court, the following must be proven:
- The accused had reason to believe they were under threat of unlawful harm
- The accused honestly believed to be in fear of harm or death
- The accused did not provoke the threat
- The accused had no reasonable opportunity to escape or retreat
The most important word to consider when proving grounds for self-defense
is “reasonable.” This word means that self-defense does not
always hold as an adequate strategy to avoid guilty verdicts. It must
be determined that the amount of force that was used was within a reasonable
level to allow you to escape or survive the attack. Unnecessary force
will be considered assault.
Additional Defenses Against Assault
In addition to the self-defense approach, there are other stances that
your attorney can take when fighting assault charges. For example, if
you were protecting another person who was present in the area, a “defense
of others” argument can be made. This argument is similar to self-defense,
in that it must be proven that a reasonable threat existed and that the
force was reasonable and necessary for the other person’s well-being.
Your actions may also have been in defense of property; in other words,
you may have used force to protect an invasion or withholding of your
property, especially if such property is your home and the safety of those
inside was under threat. Finally, in rare and certain circumstances, your
criminal defense attorney may be able to argue that your actions were
within the alleged victim’s consent; this defense, however can be
the most difficult and scrutinized.
Protect Your Rights and Freedom
If you have been accused of assault and battery in Fort Worth, you need
the aggressive and effective representation of Lesa Pamplin. Our criminal
defense lawyer is passionate about advocating for the rights of the accused
and providing them personalized defensive strategies. We will take the
time to get to know you and the details of your case so that we can fight
for your freedom.
Contact our team immediately for the legal counsel you need and deserve.