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Recent blog posts

TX defense lawyerFamily violence in Texas is a serious legal matter that requires careful examination of the evidence and circumstances involved. Understanding who hit first can significantly impact the outcome of a family violence case. Family violence cases are taken very seriously in Texas. If you are facing charges related to family violence, contact an experienced lawyer to help ensure your legal rights and interests are protected in your case.

The Role of Self-Defense

Texas law allows for self-defense to be an acceptable defense strategy in family violence cases. If the accused can establish that they acted in self-defense, it may result in reduced charges or even a dismissal of the charges. The question of who hit first becomes crucial in determining if the accused of family violence had reason to believe force was necessary to protect themselves from being attacked.

  1. Establishing credibility – If the accused can provide evidence or witnesses that support their claim that they were reacting to an immediate danger, it may be more believable that using force was necessary to protect themselves.
  2. Different levels of force – Texas law allows individuals to use reasonable and necessary force to protect themselves from harm. If the accused can demonstrate that they used the same amount of force in response to being attacked initially, it can further strengthen their argument of acting in self-defense.

Importance of Legal Representation

Navigating a family violence case in Texas requires the dedicated legal representation of a criminal defense attorney. They can thoroughly investigate the incident’s circumstances, gather evidence, and build a strong defense strategy. An experienced lawyer will carefully consider the details of who hit first to determine the most effective defense strategy. Your lawyer will also closely examine the evidence and any available documentation to uncover the truth about the incident and the alleged violence. Based on the evidence and circumstances, the attorney will develop a defense strategy that may involve arguing self-defense, disproving the prosecution’s case, or disputing the credibility of those involved in the matter.

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 Austin, TX aggravated assault lawyerIn Texas, aggravated assault is a felony violent crime with significant legal consequences for the accused party if convicted. Today, we will explore the definition of aggravated assault, the elements that determine its severity, and the potential penalties if convicted. Understanding the legal implications of aggravated assault is essential, as an aggressive legal defense first requires a fundamental understanding of the charges themselves. Contact a criminal defense lawyer if you are faced with aggravated assault charges, as not doing so will place you in greater danger of being sent to prison. 

What Makes Aggravated Assault Different from a Typical Assault Charge?

Aggravated assault refers to a specific type of assault that involves purposefully causing serious physical injury or using a deadly weapon during the allegedly committed crime. When assault is considered aggravated, it means there was a factor present at the time of the crime that escalates the severity of the crime from regular assault. The distinction between assault and aggravated assault is important to understand since the penalties associated with aggravated assault are significantly more severe than those for a typical assault charge.

What Elements Make Aggravated Assault Such a Serious Charge?

To establish a case of aggravated assault, the prosecution must meet the burden of proof in criminal cases, which is beyond a reasonable doubt. Furthermore, prosecutors must prove certain elements were present when the crime was committed. These elements include intentionally or knowingly causing serious bodily injury, using a deadly weapon like a gun or knife, or the threat of imminent physical harm. 

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Austin, TX criminal defense attorneyStalking is a serious criminal offense that involves persistent and unwanted attention towards someone, causing them fear, anxiety, or distress. In the state of Texas, there are strict laws in place to protect people from stalking behaviors. Today, we will explore what specific actions are stalking under Texas law and how hiring a criminal defense attorney is important for protecting your rights and freedom if you are facing charges of stalking.

Definition of Stalking in Texas

Under section 42.072 of the Texas Penal Code, stalking is defined as conduct that is willfully and maliciously directed towards another person, causing them to fear bodily injury or death for themselves or their family members. It involves repeated acts or communications that reasonably create a fearful atmosphere for the targeted individual. 

Actions Constituting Stalking

To determine whether certain actions amount to stalking under Texas law, it is essential to consider the following key elements:

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Austin Criminal LawyerIn a murder case, establishing an alibi can be critical to a strong criminal defense strategy. An alibi aims to present evidence demonstrating that the accused was not present at the crime scene during the time of the offense. Today, we will explore what constitutes an alibi defense in cases involving murder. If you are facing a felony murder charge and believe you have an alibi to prove your innocence, work with an experienced criminal defense attorney, as doing so may be the key to dismissing the charges against you. 

Timeline and Location

A valid alibi must provide a detailed and credible account of the accused’s whereabouts during 

the relevant period in question – typically the time before, during, and after the murder took place. Documenting the accused’s activities, location, and interactions with others can contribute to establishing a solid alibi. 

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Austin Assault LawyerWhen it comes to protecting one’s property and personal safety, it is crucial to understand the self-defense laws in Texas. While Texas law generally supports an individual’s right to defend themselves, it is important to know the specific circumstances under which you can shoot an intruder on your property. If you shot someone on your property and are now being charged with a crime, contact a criminal defense attorney right away, as this may be the only way to ensure your rights are protected moving forward in your case.

Self-Defense Laws in Texas

Under the Texas Penal Code, individuals are generally allowed to use force, including deadly force, to protect themselves or others in certain situations. One such situation is when you reasonably believe that the use of force is immediately necessary to protect yourself against an intruder who unlawfully attempts to enter your occupied habitation, business, or vehicle. Texas law grants people the right to stand their ground and defend their property in such circumstances.

Castle Doctrine or “Stand Your Ground” Laws 

The Texas Castle Doctrine, also known as the “Stand Your Ground” law, asserts that Texans have no duty to retreat from a person using force against them wherever they have a right to be, including their own property. This doctrine allows individuals to use deadly force, if necessary, against intruders who enter their homes unlawfully. As long as you reasonably feared imminent harm or death, you may employ necessary force to protect yourself or others from an intruder. 

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