People in Texas could end up facing assault charges for many different reasons. Some people get into an argument with a family member, and other people call the police. Others might face prosecution if they go out of their way to intimidate someone else and make them fear for their safety.
Occasionally, a fistfight might be the incident that leads to assault charges in Texas. Regardless of whether or not the other party sustained major injuries, a physical altercation at a public establishment might lead to law enforcement intervention. Employees or other patrons may call the police. Officers may arrest both parties or the person believed to be the initial aggressor.
Those arrested after a disagreement turns physical might believe that they aren’t fully culpable for their behavior because of the alcohol they had consumed prior to the incident. Can chemical intoxication limit personal liability for actions taken while under the influence?
Impairment does not prevent prosecution
In many criminal cases, intent can be as important as the behavior of the defendant. The intent to intimidate or injure another person is a key element of an assault charge. Alcohol intoxication does not automatically render someone incapable of having criminal intent even if impairment can change how people act.
In fact, Texas state law specifically prohibits the use of voluntary intoxication as an affirmative defense. In plain English, the decision to drink does not mean that what happens next is without consequences. Someone who commits assault while under the influence is potentially still at risk of prosecution. They made the decision to drink to a point where their behavior might become unpredictable, and they accepted the risks when they chose to drink.
Defendants facing assault charges in Texas need to look closely at the situation leading to their arrest to determine what types of defense strategies might work given the situation. A review of what happened can help a defendant develop a defense strategy that could potentially help them avoid a criminal conviction. In some cases, there may be issues with the evidence. Other times, a defense lawyer may be able to convince the courts that the individual acted in self-defense rather than with malicious intent to harm someone else.
Choosing to fight assault charges can help people protect their reputations and their freedom. Careful planning is typically necessary if people want to avoid convictions for assault charges and other violent crimes.