Defenses Against Assault of a Family Member Charges

Facing an assault of a family member charge in Texas doesn’t mean you’ll be convicted. The law provides multiple defenses, and with the right strategy, many cases can be dismissed, reduced, or beaten in court. Understanding the most common defenses to family violence in Texas can help you see why hiring an experienced defense lawyer near you for assault of a family member is critical.

Self-Defense

One of the strongest defenses is self-defense. Texas law allows you to use reasonable force to protect yourself from harm. If the alleged “victim” was the aggressor and you acted only to defend yourself, that can be a complete defense to the charge.

A skilled attorney will highlight:

• Prior threats or violence from the alleged victim
• Injuries on your body consistent with defending yourself
• Witness testimony supporting your account

Defense of Others

Sometimes you act not to protect yourself, but someone else—such as a child, partner, or another family member. Texas law recognizes defense of others as a valid justification when force is reasonably necessary to protect another person from harm.

This defense can be especially important in cases involving heated domestic disputes where multiple people are involved.

False Allegations

Unfortunately, false accusations are common in family violence cases. Divorce battles, child custody disputes, or heated breakups can lead to fabricated allegations designed to gain leverage in family court.

A strong defense may include:

• Text messages, emails, or social media that contradict the claim
• Inconsistencies in police reports or witness statements
• Motives the accuser has for lying

Lack of Intent

Not every incident is intentional. Texas law requires proof that you intentionally, knowingly, or recklessly caused harm or made a threat. Accidental contact, misunderstanding, or mutual arguments that get out of hand often lead to wrongful arrests.

Your attorney can argue that what happened was unintentional—and therefore does not meet the legal definition of assault.

Why Evidence and Witness Testimony Matter

The strength of the evidence often determines whether a case is dismissed or goes to trial. Surveillance video, 911 recordings, medical records, and third-party witnesses can all be crucial in showing what really happened.

That’s why you need a lawyer who knows how to investigate aggressively and uncover details the prosecution may have overlooked—or ignored.

Why You Need a Defense Lawyer Near You

Every defense described above requires careful legal work. Prosecutors will fight hard to discredit your story, and judges often take a “better safe than sorry” approach in family violence cases. An experienced defense lawyer near you for assault of a family member can:

• File motions to suppress unreliable evidence
• Subpoena records that support your defense
• Cross-examine witnesses to expose false allegations
• Persuade prosecutors to reduce or dismiss charges before trial

Take Action Today

If you’ve been charged with assault of a family member in Harris, Galveston, Fort Bend, or Brazoria County, don’t wait. The sooner you begin building a defense, the better your chances of success.

Call Walker Law Office today at (713) 228-2611 or contact us online. Our experienced defense lawyer near you will fight tirelessly to protect your rights and your future.