Assault charges are often the result of a physical altercation. If two parties end up fighting, the party that instigated the incident might face prosecution.
Sometimes, people end up accused of assault due to misunderstandings or a temporary lapse in judgment. They might hope to fight against the allegations they face by showing that they did not actually injure the other person involved in the incident.
Is a lack of harm an appropriate defense for a pending Texas assault charge?
Assault does not require injury
The assault statutes in Texas may allow for prosecution in cases where one person hurts another by striking them or otherwise intentionally causing an injury. People can also face charges and scenarios that do not cause physical injury.
For example, assault charges are possible when one party makes offensive, non-consensual physical contact with another person. Touching someone in a way that is likely to offend their sensibilities could be enough to justify assault charges even though no injuries result.
Actual physical contact is also not strictly necessary for assault charges in Texas. The state can prosecute people who put others in credible fear for their safety. Verbal threats and intimidating body language can potentially justify assault charges. If another reasonable person might fear for their safety in the same situation, then the state might prosecute the party threatening or intimidating another person.
There are many potential defense strategies available when discussing your case with an Austin assault attorney. There are steps they can take that can possibly help people accused of assault avoid a conviction. Proving a lack of injury usually isn’t a viable strategy, but there may be other unique strategies available depending on the situation.