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What are the laws of self-defense pertaining to assault?

On Behalf of | Apr 4, 2022 | Criminal Defense |

You can’t always control or predict what might happen on any given day. You could suddenly be arrested for assault in Texas when you were actually defending yourself. Here’s what you should know about assault and self-defense laws.

What are the laws regarding self-defense against assault and battery?

A case of assault and battery can be complex. However, a person might be justified in using force against another person in certain situations. Self-defense is considered a legal defense against a violent crime or an attempt at such crime.

The elements needed to prove self-defense

A strong defense is necessary in an assault and battery case. Self-defense is commonly used and can help in a case when certain elements are present. They include the following:

• The defendant acted due to force or the threat of force being used against them
• The defendant had a legitimate fear of bodily harm
• The defendant did not provoke the attack or would-be attack
• The defendant had no reasonable way or opportunity of avoiding the assault or would-be assault

For example, a man is walking down the street when he’s suddenly approached by another man. The second man begins shouting and lunging at him. The first man punches the other man and flees the area. It’s reasonable to argue that the first man was in fear for his safety when he acted and that it was in self-defense.

In an assault and battery case, it’s also possible to argue that the defense was acted in a way to protect another person. For example, if a man is walking down the street and sees another man suddenly grab a woman’s arm and suddenly shake her, if he ran over and struck the second man, it could be argued that he was defending the woman.