When a disagreement occurs in a bar or club, things can escalate quickly. It’s easy to react to violent situations with considerable force; it’s our natural instinct to want to protect ourselves and the people we care about. If a fight occurred in a bar and club and you have been accused of assault, it is important that you understand the definition of assault under the law and that you take action to defend yourself.
To be charged with assault, a person does not need to have caused injury to another person. They need to have acted with threatening behavior that created a reasonable fear of harm in the victim. Showing that you did not cause injury is not a viable defense. The following are some possible defenses, however.
Show that your behavior was not threatening
To be charged with defense, the prosecution will need to show that you acted in a threatening way. You need to have either attempted to cause harm or acted physically or verbally to cause genuine fear of immediate harm. In bar fights, it’s common for a person to intervene by interjecting themselves between the two people fighting. You may have acted in a way that you deemed necessary to prevent injuries, and in this case, you should not be charged with assault.
Show that you had no intent to cause fear of harm
If you can show the judge that you acted only with good intentions, you will not be charged with assault. This is because to be charged with assault, you must have had a malicious intent to cause fear.
For example, you may have cornered a person who was fighting with the intent of reasoning with them and calming them down. They may have tried to argue that you were assaulting them because you were restricting their movement. But if you can show that you had the intention of putting a stop to the fight, it’s likely that charges will be dismissed.
If you are worried about the assault charges you are facing in Texas, it is important that you waste no time and that you take action to form your defense.