If you have been charged with a family violence crime after physically defending yourself, you may be able to use self-defense as a criminal defense strategy and get your family violence charge dismissed. This blog post will provide an overview of what to do after being charged with family violence if you were acting in self-defense and what elements that must be satisfied for a successful defense strategy.

To successfully prove self-defense against family violence charges, you must establish that all four elements of the defense have been met. The first element is that you did not provoke the attack by the accused party. Second, you must demonstrate that you had an honest and reasonable fear of imminent bodily harm or death from the accused party. Third, that there was no reasonable opportunity to escape or retreat safely from the situation without using physical force. And lastly, your response was limited to what was necessary so as not to exceed the amount of force required for protection or safety.

Texas Laws Regarding Self-Defense as a Defense Strategy

In Texas, individuals are allowed to use lethal force if they reasonably believe it is immediately necessary (and cannot safely flee) in order to protect themselves against another person’s imminent use of unlawful deadly force. This means an individual can legally defend themselves with physical force if they are facing imminent threat or danger from another person who they reasonably believe intends to cause them serious injury or death and cannot escape safely from the situation without using physical force. Additionally, under current Texas law, individuals do not have a duty to retreat before using lethal force when defending themselves in their own home.

Burden of Proof for Self-Defense in Family Violence

The burden of proof always lies on the defendant.  This means it is up to you to provide evidence that each element has been met in order for your claim of self-defense to be considered valid by a court. This can be done through witness testimony and other forms of evidence such as medical records, photographs, video recordings, etc., which can help demonstrate each element was present in your case and support your claim. It’s important to keep in mind that even if one element is missing or not proven successfully, then your claim fails and could result in criminal charges being leveled against you.

Defense Attorney for Family Violence in Plano

Self-defense claims based on family violence charges can be tricky since they rely heavily on demonstrating each element was met at the time of the incident so as not to exceed what would be considered necessary for protection or safety purposes according to current Texas laws. When trying such cases it’s important for defendants to understand their burden of proof lies with them—meaning it’s up to them alone to bring forward evidence demonstrating each element has been satisfied so as not convince a court their claim is valid.  Otherwise their case could fail and criminal charges could still apply even if it is their first offense of family violence.  This is why it is crucial to have the help of an experienced family violence attorney at The Fox Firm.  Attorney Sarah Fox worked on the other side prosecuting these cases for years in Collin County and knows the strategies that will be used against you.  Contact The Fox Firm for a consultation to help formulate the best possible strategy for your family violence charge.