Claiming self-defense after an assault accusation

On Behalf of | Jul 26, 2019 | Assault And Domestic Violence

When an argument occurs and emotions are high, it can be difficult to establish who acted first. Violence is never an appropriate response to verbal abuse, but sometimes it is necessary to use physical force to protect yourself.

If you have been accused of assault in Texas, you may want to claim that you were acting in self-defense to explain why your actions were legitimate given the circumstances. Before doing this, it is important that you understand how the law works regarding claiming self-defense.

The threat should be imminent

In order to be successful in claiming self-defense, you should be able to show that the threat to your safety was imminent. In other words, you must have had a good reason to believe that if you did not act immediately to protect yourself, you would be in serious physical danger.

You should have a reasonable fear of harm

Acting in self-defense requires that you had a genuine fear for your safety. This fear for your own safety should be objectively reasonable. For example, if the other person had a knife and threatened to use it, you would have a reasonable fear of harm. However, if you misinterpreted a person’s body language and reacted disproportionately to a situation that was not, in fact, a threat, you may not have a valid argument.

It’s wise that you spend some time thinking about how you reacted to the situation and whether your fear of harm was reasonable given the circumstances. You should also invest time in learning more about the law so that you can defend yourself successfully.

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