What is the Difference Between Assault and Self-Defense?

Published on January 24th, 2020

Not understanding the difference between these two terms can cost you your freedom. Although they are both acts of violence, when it comes to the law, they are seen very differently. However, there is often a fine line between the two – and you may find yourself in a situation where you need a highly skilled domestic assault defense lawyer in San Antonio, Texas to protect your rights.

The factors that led up to the act of violence, including motive, is what differentiates the two acts. Many individuals find themselves in an unplanned legal battle when they were defending themselves or their family members. It is important to be informed so you can avoid these types of legal difficulties.

Assault is a Crime

Under Texas law, assault charges can range from a Class C misdemeanor to a Third-Degree felony assault. A Class-A Misdemeanor assault charge can be elevated to a felony when the assault is against certain parties including a family member, a dating partner, or a roommate.

Self-Defense is a Right

As a resident of Texas, you have a right to defend yourself or another person, however, “self-defense” is in Section 9 of the Texas Penal code because it is not considered a “defense”, but a “justification.” This means that the burden of proof falls on the defendant, which is the opposite of most criminal proceedings where the prosecution has the burden of proof.

Turn to Us for Legal Guidance

At the Law Offices of Jesse Hernandez, we understand that an individual has a right to defend themselves; nevertheless, they can still end up getting arrested and require the services of an experienced domestic assault defense lawyer in San Antonio, TX. If you find yourself in this type of situation, reach out to us right away – we are here to help.

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