Waco Assault Lawyers

Defense Strategies in Waco Assault Cases

Self-defense and defense of others.  Texas Penal Code §9.31 and §9.33 permit the use of force when a person reasonably believes it is immediately necessary to protect themselves or a third party against the other’s use or attempted use of unlawful force. Texas is a Stand Your Ground state which means there is no duty to retreat before using force in a place where a person has a right to be. Self-defense requires careful development of the factual record from the outset, including witness accounts, surveillance footage, and the sequence of events leading to the confrontation.

Credibility of the complaining witness.  Many McLennan County assault charges arise from disputes between people who know each other such as altercations at bars, disputes between neighbors, or accusations made in the context of ongoing personal conflicts. The complaining witness’s motive, prior statements, criminal history, and consistency across multiple accounts are all subject to examination. Inconsistencies in the complainant’s account frequently drive the defense strategy at trial.

No bodily injury.  For a Class A misdemeanor assault charge under §22.01(a)(1), the prosecution must prove that bodily injury (defined as physical pain, illness, or any impairment of physical condition) actually occurred. Where the alleged victim reported no injury at the scene, where medical records do not support the injury claimed, or where physical evidence is inconsistent with the account given, the bodily injury element is subject to challenge.

Lack of intent.  Assault causing bodily injury can be charged based on reckless conduct, not just intentional conduct. Whether the defendant acted intentionally, knowingly, or recklessly affects both the charge and the available defenses. Conduct that was accidental (not reckless) does not satisfy the mental state element of §22.01(a)(1).

Deadly weapon determination.  In aggravated assault cases, the deadly weapon finding is what elevates the charge to a second- or first-degree felony. Under Texas Penal Code §1.07(a)(17), a deadly weapon includes anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Whether a specific object qualifies as a deadly weapon in the manner it was used is a factual issue the defense can contest.

Digital and surveillance evidence.  Assault cases frequently involve surveillance footage from bars, parking lots, and businesses, as well as cell phone video and social media records. This evidence must be properly authenticated and provided in complete, unedited form. Douglas Huff’s digital forensics training covers the authentication, chain of custody, and technical evaluation of digital evidence at the data level.

Article 38.23.  Texas’s exclusionary rule carries no good faith exception. Where an assault arrest arose from an unlawful stop, search, or seizure (or where statements were obtained in violation of Miranda) suppression of that evidence is examined before any other defense strategy is built.

Why Deandra Grant Law for Waco Assault Defense

• 30+ years in McLennan County courts.  500+ trials to verdict. Assault and aggravated assault cases tried to verdict, not just negotiated.
• Digital forensics training — Douglas Huff.  Surveillance footage, cell phone video, and digital evidence evaluated at the technical level.
• Article 38.23 — no good faith exception.  Every assault case begins with the lawfulness of the stop, search, or seizure that produced the evidence.
• Federal defense capability.  James Lee Bright handles federal assault and violent crime charges in the Northern District of Texas.
• 17 published law books.  Including Assault Charges in Texas
• Texas Super Lawyer since 2011.  AV® Preeminent rated by Martindale-Hubbell®.

If you are facing assault or aggravated assault charges in McLennan County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.