It’s common for people to be accused of assault when they were at the scene of a bar fight or when a family argument got out of control. Many of those accused of assault become confused about why this was the case since they never acted physically.
The definition of assault is often confused with that of battery. This is why you must gain a basic understanding of these terms before reacting to any accusation.
What is the definition of assault?
Exact definitions of assault under the law can vary. However, the general definition of assault is the attempt to injure or the initiation of a realistic threat of injury. Therefore, it is possible to be charged with assault even if you never caused any injury to another person.
If violence is not required to be charged with assault, what is required?
Two main elements must be proven to show that a person is guilty of assault. First, it must be shown that the person took a certain action deemed to be a criminal offense. An assault cannot take place through words alone unless it is supplemented with an action.
Second, there should be some proof that the defendant acted with intent. What may have been interpreted as an assault by the alleged victim may have been an accidental act by the defendant, for example. The defendant must have had the intention to cause fear or injury to be found guilty.
If you have been accused of assault in Texas, you should waste no time when making a case to prove that you are not guilty.