Using Witness Testimony to Defend Against Assault Accusations

Aggravated Assault, Assault

People called to testify in an assault case can provide remarkably different accounts of the same events. They may remember the timeline differently, note hearing different noises or describe the people involved in contradictory terms.

Even the people who saw the incident (known as eyewitnesses) but who don’t know you or the other person involved in your case can provide wildly conflicting testimony.

Witness testimony is a key part of most assault cases. But it must be handled correctly in order for you to mount a proper defense. Let’s take a closer look.

Requirements for Witness Testimony

In Texas, witness testimony is governed by the Texas Rules of Evidence. Two basic elements must be true for a Texas court to allow witness testimony:

  • The witness must be deemed competent to testify.
  • The witness must have personal knowledge of the subject they are testifying about.

Let’s look at each of these in more detail.

Competency

Competence is assumed for most people, but there are exceptions. Young children may be excluded from testifying on competency grounds. Likewise, someone found to be insane can be deemed unfit to testify and be excluded. But in most cases, competence is not an issue when it comes to witness testimony.

Personal Knowledge

The issue of personal knowledge is largely about excluding hearsay. If you told your friend about the incident after the fact, for example, they couldn’t testify about the incident. They could relay what you told them, but if they didn’t see the incident, they can’t testify as though they have personal knowledge of it.

Personal knowledge extends beyond knowledge of a specific assault incident. Expert witness testimony is offered about things like injuries suffered and evidence gathered at the scene.

Experts—typically professionals in fields like forensics, toxicology, ballistics or psychology—have personal knowledge of those elements, even though they didn’t witness the actual assault. What matters is only that they are qualified to speak about the subject of their testimony.

Using Favorable Witness Testimony to Your Advantage

Your defense should make use of witness testimony wherever possible. Supporting testimony may come from neutral bystanders, law enforcement officers or people you know who were present at the incident. Your testimony will also likely be vital to your defense.

It’s important to understand that even testimony that doesn’t sound positive can still be used to your advantage. For example, two or more eyewitnesses may differ in their accounts of the same event. This inconsistent testimony can cast doubt on what actually happened. Anything that conflicts with the prosecution’s version of events can be beneficial.

Defending Against Unfavorable Witness Testimony

The prosecution's testimony can be attacked in several ways. Many assault cases come down to one person’s word versus another’s. This is particularly true in sexual assault cases.

Your account and the alleged victim’s account are likely quite different. Or maybe they took back their accusation, but the prosecution is moving forward anyway. Any evidence that supports your account over the prosecution’s is vital to getting a good result.

Contact an Experienced Texas Defense Attorney

At Lee & Wood, GP, our attorneys have extensive experience in Texas assault cases. We can build a defense strategy that accounts for all the evidence involved, including witness testimony. If you’ve been arrested or charged with assault, contact our offices or call us at 817-678-6771 to get started on your defense.

5 Medical Conditions That Can Skew DWI Test Results in Texas

Criminal Defense, Defense attorney, Defenses, DWI

If you’ve been charged with driving while intoxicated (DWI) in Texas, you may assume the evidence against you is straightforward. However, DWI cases are often more complex than they appear to be.

Many people are surprised to learn that certain medical conditions can affect field sobriety tests, breath tests and even blood test results. Understanding these issues is critical to protecting your rights.

Speaking of rights: Did you know you have the right to refuse a field sobriety test in Texas? Many people don’t. But don’t worry; even if you took the test, we know that medical conditions could affect the results and should be figured into your defense.

Here are five conditions that could affect your results in a field sobriety test.

1. Diabetes and Ketoacidosis

Diabetes, particularly when blood sugar is poorly controlled, can significantly interfere with breath alcohol testing. Diabetics may experience ketoacidosis, a condition that causes the body to produce acetone. Breath testing devices can mistake acetone for alcohol, leading to falsely elevated breath test readings.

Additionally, symptoms of low blood sugar, such as confusion, slurred speech, dizziness and unsteady balance, are often indistinguishable from signs of intoxication. A police officer may interpret a medical emergency as impairment.

2. Acid Reflux and GERD

People with gastroesophageal reflux disease (GERD) or chronic acid reflux are at higher risk for inaccurate breath test results. These conditions can cause alcohol vapors from the stomach to rise into the mouth and throat. When this happens, a breathalyzer may measure mouth alcohol instead of deep lung air, artificially inflating BAC results.

Texas DWI breath tests assume the alcohol measured comes from the lungs, not the stomach. A diagnosis of GERD can undermine that assumption.

3. Neurological and Balance Disorders

Field sobriety tests rely heavily on balance, coordination and eye movement. Medical conditions like these can make these tests unreliable:

  • Vertigo
  • Inner ear disorders
  • Traumatic brain injuries
  • Multiple sclerosis
  • Parkinson’s disease

For example, the walk‑and‑turn and one‑leg stand tests assume a person has normal balance and mobility. Someone with a neurological condition may fail these tests even when they’re completely sober.

4. Eye Conditions and Nystagmus

One of the most common field sobriety tests is the Horizontal Gaze Nystagmus (HGN) test, which looks for involuntary eye jerking. While alcohol can cause nystagmus, so can eye disorders, head injuries, certain medications and neurological conditions.

When officers fail to rule out medical causes, HGN results may be misleading and improperly relied upon in court.

5. Prescription Medications

Many legally prescribed medications can mimic or exaggerate signs of intoxication. Medications that can cause drowsiness, slowed reaction time or coordination issues include:

  • Sleep aids
  • Anti‑anxiety medications
  • Painkillers
  • Muscle relaxants
  • Antidepressants

Importantly, you can be charged with a DWI in Texas based on impairment from substances other than alcohol. Thus, a strong defense would not say that medication causes impairment; instead, it would highlight how medication could lead to an incorrect perception of impairment.

Why This Matters in a Texas DWI Case

DWI prosecutions often depend on assumptions. It’s assumed that test results are accurate and that certain observed behavior equals intoxication. Medical conditions challenge those assumptions.

When properly investigated, these challenges can raise reasonable doubt about the reliability of the state’s evidence. An experienced Texas DWI defense attorney can obtain medical records, consult experts and expose flaws in testing procedures.

If you have a condition that may have affected your DWI test, it could play a critical role in your defense. You’re not required to accept faulty science or misunderstood symptoms. The right legal DWI defense strategy can make all the difference.

Contact the Texas DWI Attorneys at Lee & Wood, GP

A drunk driving conviction carries stiff consequences in Texas. You need a strong defense. Contact our experienced team by calling 817-678-6771 or by filling out our contact form.

Can You Fight a Texas Assault Charge When There is Video Evidence Against You?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Evidence

If you have been charged with assault in Texas, video footage may be part of the case against you. Surveillance cameras, cell phone cameras, dash cams and doorbell systems are common, and prosecutors often rely heavily on recordings when building an assault case.

Seeing video evidence can be unsettling, but it’s important to understand that video alone does not determine guilt. From a criminal defense perspective, video evidence must be carefully analyzed, challenged and placed in proper context.

Why Prosecutors Emphasize Video Evidence

Prosecutors often treat video recordings as compelling evidence because they appear straightforward and objective. Since our brains are used to filling in missing information, a video can feel like the final word, even when it’s missing substantial context.

Remember, what a video shows and what it leaves out can be equally important.

The Limits of Video in Assault Cases

No video tells the full story. Here are the most common limitations of video we see in Texas assault cases:

  • Lack of context. Many recordings begin after tensions have already escalated. They may not show verbal threats, prior aggression or actions that justify self‑defense.
  • Distortion or confusion due to poor angles, missing audio, low resolution or obstructed views.

In Texas assault cases, intent matters. Whether contact was accidental, defensive or provoked can change the entire legal analysis. A video may capture the moment force was used but fail to show why it was necessary or reasonable under the circumstances.

How Video Evidence Is Challenged

An experienced criminal defense attorney doesn’t simply accept video evidence at face value. Instead, the footage is examined closely for gaps, inconsistencies and misleading assumptions. It’s important to question:

  • When the recording started and stopped
  • Whether the video has been edited or selectively preserved
  • What occurred immediately before and after the recorded segment
  • Whether the footage contradicts witness statements or police reports

An important note: Under Texas law, video evidence must be authenticated and shown to be unaltered to be admissible in court. Anything suggesting tampering or inauthenticity will be hugely important to your defense.

When Video Helps the Defense

Video recordings can be powerful tools for the defense, too. When properly reviewed and presented, video evidence can help restore context and credibility.

Video can help you defend against an assault charge when:

  • It shows that you acted appropriately: It may show that you acted in self‑defense, attempted to disengage or were responding to an immediate threat.
  • It’s inconsistent with the charges: Footage can demonstrate that alleged injuries are inconsistent with claims being made or that the incident was less severe than reported.
  • You haven’t spoken about it: If video footage exists, it’s critical not to comment on it publicly or attempt to explain it on your own. Statements to police, to prosecutors or on social media can be taken out of context and used against you.

An Experienced Assault Defense Attorney Can Help You

Being charged with assault is serious. Whatever a recording shows, it’s only one piece of evidence. It’s not the final word. With a strong criminal defense strategy, video footage can be challenged, clarified and, in some cases, turned into a powerful defense tool.

If you’re facing assault charges in Texas, find a lawyer who understands how video evidence is evaluated. At Lee & Wood, GP, we can address video evidence and place it in context with your defense strategy. Call us at 817-678-6771 or send us a message to get started.

What Constitutes a Child Passenger Under Texas DWI Laws?

Criminal Attorney, Criminal Defense, Defense attorney, DWI, DWI With Minor

It can start out so innocently. Maybe you’re at a family barbecue or holiday celebration and have a couple of drinks before taking the family home. Or maybe you have a work lunch and enjoy a cocktail or two before picking up your kid from school. But then you get pulled over.

Every Texas DWI case is serious. But if you are charged with driving under the influence while a child is in the vehicle, the stakes are even higher.

Many people are surprised to learn that Texas law treats DWI offenses involving child passengers differently than other DWI charges. Understanding who qualifies as a “child passenger” under Texas law is a critical first step in understanding the charge you may be facing.

The Legal Definition of a Child Passenger in Texas

Under Texas law, a child passenger is defined as a person younger than 15 years of age.

Let’s say a driver is alleged to have been intoxicated while operating a motor vehicle with a child under 15 in the car. The offense may be charged as Driving While Intoxicated with a Child Passenger—a separate and distinct criminal offense from a standard DWI.

Importantly, the law does not require that the child be harmed, injured or even aware of the driver’s intoxication. The mere presence of a child under 15 in the vehicle at the time of the alleged offense is enough to trigger the enhanced charge.

How This Charge Differs From a Standard DWI

Many first‑time DWI incidents in Texas are charged as misdemeanors. A person found guilty may be eligible for certain diversion programs or probation options that can lessen the impact of a conviction. However, DWI with a child passenger is automatically charged as a felony, regardless of the driver’s previous criminal history.

This means that even someone with no prior arrests faces life-altering consequences if a child passenger is involved. A felony conviction can carry long‑term consequences beyond jail or probation, including damage to employment prospects, professional licenses and parental rights.

Does the Child Have to Be the Driver’s Child?

No. Texas law does not require the child passenger to be related to the driver. The child could be a relative, a friend’s child or any other minor under the age of 15 who was in the vehicle at the time of the alleged offense.

Additionally, the child’s seating position in the vehicle does not matter. Whether the child was in the front seat, back seat or third row is legally irrelevant to whether the charge applies.

The Importance of a Strong Defense

If you are accused of any crime, you need to recognize the value of a strong defense. Even misdemeanor drinking and driving charges call for an experienced Texas defense lawyer. Felony cases, however, make it that much more important to protect your rights.

Contact Our Texas DWI Defense Team Today

Prosecutors pursue felony cases aggressively. But in every case, the State must prove every element of the charge beyond a reasonable doubt. An experienced attorney can sort through all the facts, evidence and elements of the case to find the best strategy to protect you.

At Lee & Wood, GP, we have handled countless DWI cases in Texas courts. We can defend your rights in and out of the courtroom. Call us today at 817-678-6771 or contact us to schedule a consultation.

What Physical Evidence Is Used To Prove Assault in Texas Criminal Cases?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Defense attorney, Evidence

If you’re facing an assault charge in Texas, one of the most important things to understand is how prosecutors will attempt to prove their case against you. An assault charge does not automatically mean a conviction. The State must present evidence that supports each element of the charge beyond a reasonable doubt.

Knowing the types of evidence commonly used in Texas assault cases can help you understand what you are up against and why experienced legal representation matters. One type of evidence, physical evidence, can be particularly useful in convincing a judge or jury.

Physical vs. Testimonial Evidence

Popular courtroom dramas often focus heavily on certain types of evidence. Courtroom testimony from the victim, the accused or others makes for good television. However, it’s not actually the most reliable form of evidence.

Physical evidence can carry far more weight than testimonial evidence when it comes to a criminal trial for assault or similar crimes. Personal testimony can be false, misleading or inaccurate. Two people describing the exact same incident can produce wildly different accounts.

Physical evidence is more straightforward, making it harder to dispute. This can work for or against you. For example, if your partner tries to drop a domestic abuse case, the prosecutor may decide to proceed based on physical evidence. Conversely, false or exaggerated accusations may be dropped due to a lack of physical evidence.

Examples of Physical Evidence

Generally speaking, physical evidence refers to tangible objects that tell the story of an incident. Some evidence, such as use of a weapon or the severity of bodily harm, may also be relevant to whether you’re charged with a misdemeanor or a felony.

Examples of physical evidence can include:

  • Weapons allegedly used in the incident
  • Clothing worn by an accuser or the accused during the incident
  • Objects used or damaged as part of the alleged crime
  • Injuries, such as cuts and bruises, broken bones and other bodily harm
  • Places where the alleged assault occurred, like an apartment, stairwell or bar. As these can’t be brought into a courtroom, that type of evidence is often introduced through photographs.

This list is not exhaustive, and there are many other possible examples of physical evidence that can be introduced in a case.

Is Forensic Evidence Considered Physical Evidence?

Many forms of forensic evidence are physical, but not all. DNA, fingerprints, hair follicles and ballistic information are all physical forms of forensic evidence.

However, forensics also includes some items that are not considered physical evidence. One example is digital information, like text messages or cell phone tower location data.

The Treatment of Physical Evidence

A vital issue is how physical evidence is collected, maintained and analyzed. If evidence is mishandled or misplaced, it may no longer be admissible in a criminal proceeding.

Chain of custody rules must be followed to uphold the rights of an accused person. If they were not followed, it means the evidence could have been tampered with, broken or exposed to contamination.

Choose an Experienced Texas Criminal Defense Attorney

Evidentiary issues play a huge part in Texas assault cases. An experienced assault defense attorney should be able to review all the evidence in your case and make sure that it is relevant and that the chain of custody was followed. They’ll also make sure that your rights were not violated, either by the collection of evidence or by its use.

For strong, experienced assault defense in Texas, choose Lee & Wood, GP. Call us at 817-678-6771 or send us a message to get started.

7 Potential Legal Defenses Against DWI Charges in Texas

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, DWI

Facing a DWI charge in Texas can be frightening, especially if it’s your first encounter with the criminal justice system. In some instances, confusion and fear can take over, causing you to make mistakes. The good news is that a DWI arrest doesn’t automatically mean a conviction.

Texas law provides several avenues for challenging DWI charges. Understanding these potential defenses is a powerful first step. Below are some of the most common and effective legal defenses that may apply to DWI cases in Texas.

1. Lack of Reasonable Suspicion for the Traffic Stop

Virtually every DWI case begins with a traffic stop. Texas law requires officers to have reasonable suspicion before pulling someone over. This means they must be able to articulate a specific reason, such as speeding, swerving or a broken taillight, that caused them to pull you over.

If the officer lacked a valid reason, the entire stop may be deemed unconstitutional. When that happens, evidence gathered afterward, including field sobriety tests and breath tests, may be thrown out.

2. No Probable Cause for Arrest

Even if the stop itself was lawful, officers must have probable cause to make an arrest. Signs like bloodshot eyes, not answering questions, the smell of alcohol or “nervousness” aren’t always indicators of intoxication. Video footage, witness statements or inconsistencies in the officer’s report may expose a lack of credible evidence to justify the arrest.

3. Flaws in Field Sobriety Tests

Standard field sobriety tests, like the walk-and-turn or the one-leg stand, are notoriously subjective. Factors like fatigue, medical conditions, uneven pavement, poor lighting or even distracting traffic can impact performance. If these tests weren’t administered correctly or under proper conditions, the results can be challenged.

4. Breath Test Inaccuracies

Breathalyzer machines must be maintained, calibrated and operated according to strict Texas Department of Public Safety guidelines. When they aren’t, results can be unreliable. Additionally, medical conditions such as acid reflux, dietary habits or even certain medications can artificially inflate breath-alcohol readings.

5. Problems With Blood Test Procedures

Blood tests, while often seen as more accurate than other tests, are far from infallible. Chain-of-custody errors, contamination, improper storage or lab technician mistakes can all compromise results. Texas labs have faced scrutiny in the past for procedural failures. Any irregularity may open the door to a strong defense.

6. Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. It’s possible for a person’s BAC to rise between the time of the traffic stop and the administration of the test. Depending on the circumstances of your arrest and subsequent testing, your blood alcohol content at the time of driving may have been below the legal limit.

7. Violations of Your Constitutional Rights

If officers fail to follow proper procedure, such as neglecting to read you your Miranda rights or conducting an unlawful search, your constitutional protections may have been violated. These violations can lead to key evidence being suppressed, significantly weakening the prosecution’s case. These rights are important in every criminal case.

A Defense Attorney Knows When To Use These Defenses and More

A strong defense in drunk driving cases should not be left to chance, considering how serious the consequences are. There are countless ways to approach DWI defense, if you know what to look for.

At Lee & Wood, GP, our drunk driving defense attorneys have handled countless criminal cases across Texas. Call us at 817-678-6771 or send us a message.

What Happens if Your Accuser Takes Back Their Sexual Assault Accusation?

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Domestic Violence, Sex Offense

Being accused of sexual assault is extremely stressful. When the accusation comes from a partner or someone you’re in a relationship with, the personal and legal consequences can feel overwhelming.

In many situations, it’s not uncommon for an accuser to later express regret, clarify misunderstandings or outright recant the allegation. When that happens, it’s often a huge relief, and many people assume that all charges will be dropped. However, that’s not always true.

While it would be a huge relief for a retraction to mean the immediate end to a sexual assault case, it may not be that simple.

The Accuser’s Role in Criminal Law Proceedings

It’s easy to overestimate the importance of the accuser in your sexual assault case. After all, if there had never been an accusation, there never would have been a criminal case.

But once the accusation is out there, the fact that the accusation exists means more than whatever the accuser does next. The truth is that once you’re accused, that sets things in motion that can be hard to stop.

The State, Not the Accuser, Controls the Case

In Texas, criminal cases are named State of Texas vs. the Defendant. The name of the person who accused you is not included. Even if your accuser wants to withdraw the accusation, the decision to move forward or not rests entirely with the District Attorney.

Prosecutors regularly continue cases even after a recantation, especially in alleged domestic violence or sexual abuse situations. This might be because:

  • They believe the original statement more than the recantation.
  • They already have other evidence supporting an assault charge (medical records, witness statements, forensic results, or even texts).
  • They believe they can get a conviction without the accuser’s testimony.

With this in mind, a recanted accusation doesn’t necessarily mean that a conviction is out of reach.

Recantations May Be Viewed With Skepticism

Prosecutors and investigators know that recantations happen frequently, particularly in intimate‑partner cases. They also know they can happen for complicated reasons, including fear of breaking up a family, financial dependence, guilt or pressure from friends or family.

For these reasons, law enforcement usually examines:

  • The consistency of the original allegation
  • The circumstances around the recantation
  • Any potential evidence of coercion
  • Whether independent evidence supports the original claim

In the end, a recantation may help your defense, but it is not a silver bullet.

The Accuser Could Still Be Subpoenaed

Even if the person who accused you no longer wants to participate, the prosecution can still:

  • Issue a subpoena
  • Compel testimony in court
  • Use previously recorded statements

Texas allows prosecutors to introduce certain statements even when a witness becomes uncooperative. This means the case may include the accuser’s statements even if they no longer want to participate in the case.

A Recantation Can Still Strengthen Your Defense

While a recantation doesn’t end the case, it can be a powerful defense tool when handled correctly.

The recantation can be used to:

  • Challenge the credibility of the original statement
  • Undermine the prosecution’s theory
  • Support motions to dismiss or reduce charges
  • Bolster negotiations for a favorable plea offer or a full dismissal

An experienced criminal defense attorney knows the best ways to use the recantation to make your defense stronger. At Lee & Wood, GP, we know how to defend your rights against accusations of sexual assault. Call us at 817-678-6771 or contact us online.

Understanding Boating DUI Charges in Texas

Criminal Defense, DWI

Boating is a cherished pastime in Texas. Thousands of residents and visitors take advantage of the state’s lakes, rivers and coastal waters each year.

A day on the water often includes relaxation, recreation and sometimes alcohol. Yet many people are unaware that operating a boat while intoxicated is treated just as seriously as driving under the influence.

Boating under the influence, commonly called a BUI or boating DUI, can carry significant legal consequences. Knowing how Texas handles these charges can help boaters stay safe and avoid life‑altering penalties.

What Counts as Boating Under the Influence?

Under Texas law, it’s illegal to operate a watercraft while intoxicated. This includes motorboats, personal watercraft (like Jet Skis), sailboats and any other vessel powered by engines or sails.

In Texas, a person is considered intoxicated if:

  • Their blood alcohol concentration (BAC) is 0.08% or higher
  • They lack normal mental faculties due to alcohol, drugs or both
  • They lack normal physical faculties due to alcohol, drugs or both

Importantly, law enforcement has broad authority to stop and inspect watercraft for safety compliance. If an officer suspects impairment—for instance, if they notice slurred speech, reckless behavior or unsafe navigation—they may conduct sobriety tests similar to those used during roadside stops.

Penalties for a Boating DUI

The consequences of a boating DUI in Texas can be severe, even for first‑time offenders. A first BUI offense is generally a Class B misdemeanor, which can lead to:

  • Up to 180 days in jail
  • Fines of up to $2,000
  • A mandatory alcohol education program

If a person’s BAC is especially high or if they have prior convictions, the penalties escalate quickly. A second offense becomes a Class A misdemeanor, carrying increased jail time and fines. A third offense is a third‑degree felony, punishable by up to 10 years in prison and fines up to $10,000. (Learn more about the differences between misdemeanors and felonies.)

Violations Related to Boating DUI

Boating under the influence can be charged along with a number of other crimes. You may be facing related allegations, including:

  • Speeding (violating boating speed restrictions)
  • Violating a no-wake zone
  • Equipment and lighting violations (insufficient life jackets, operating without life jackets, operating without a sound-producing device or a fire extinguisher, or improper lighting)
  • Failure to register a vessel or to display a boat registration decal or numbers
  • No registration card
  • Moorage violations, trespassing or operating in a restricted area
  • Removal, defacement or destruction of signs, depth markers or informational signage on waterways
  • Violations involving children operating a boat or not wearing a life preserver

Your BUI defense needs to account for all allegations against you, from the most serious to the least, in order to protect your future.

Defending Against a Boating DUI Charge

Several defenses may apply in a boating DUI case. Consulting with a criminal defense attorney experienced in maritime and Texas DUI laws is essential to understanding which defenses may be available to you.

At Lee & Wood, GP, our Texas defense attorneys have extensive experience with boating DUI cases. We can craft the strong defense you need. Call us at 817-678-6771 or contact us online to schedule a consultation.

5 Possible Defenses Against Assault Charges in Texas

Aggravated Assault, Assault, Criminal Defense, Defense attorney, Defenses

Facing assault charges in Texas can be overwhelming. The consequences, including potential fines and jail time, can have a long-lasting impact on your life.

However, being charged doesn’t automatically mean you’re guilty. Texas law provides several defenses that may help reduce or even dismiss the charges against you. Understanding these defenses is essential to protecting your rights and building a strong legal defense strategy.

1. Self-Defense

One of the most commonly invoked defenses in assault cases is self-defense. Texas law allows individuals to use reasonable force to protect themselves from harm if they reasonably believe they’re in imminent danger.

To successfully claim self-defense, you must show:

  • You did not provoke the other person.
  • You reasonably believed force was immediately necessary.
  • The level of force you used was proportionate to the threat.

Evidence such as witness statements, video footage or physical injuries may support this defense. If self-defense applies, it can completely excuse the alleged assault.

2. Defense of Others

Similarly, Texas law recognizes the right to use force to protect another person. If you reasonably believed that someone else was in immediate danger and your intervention was necessary, this defense may apply.

Like self-defense, the force used must be appropriate and proportional. This defense is especially relevant in situations where a friend or family member is being threatened or attacked.

3. Defense of Property

Under certain circumstances, Texas allows individuals to use force to protect their property. While this defense is narrower and more strictly evaluated than self-defense, it can apply in situations involving the protection of your home or belongings.

It’s important to note, however, that the law rarely excuses excessive force in defense of property. The details matter, and courts will examine whether the force used was truly necessary.

4. Lack of Intent

Assault charges can also rely on evidence of intent. In Texas, causing offensive or harmful contact without intent may not meet the legal definition of assault. For example, accidental contact during a crowded event or misunderstanding during a heated exchange might not qualify as intentional harm.

If you can demonstrate that any physical contact was accidental, the prosecution may have difficulty proving your guilt.

5. Consent

Although less common, consent can also serve as a defense in some assault cases. If both parties willingly agreed to physical contact, the legal grounds for assault may be weakened. This defense requires careful presentation and is evaluated closely by courts.

Speak to a Texas Criminal Defense Attorney

Every assault case is unique, and the defenses available depend on the facts and circumstances. If you’re facing assault charges in Texas, speaking with an experienced criminal defense attorney is essential.

At Lee & Wood, GP, our Texas team has the experience to protect your rights when facing charges. Call us at 817-678-6771 or contact us online to schedule a consultation.

Guns and Alcohol: Does Having a Weapon in the Car Matter During a DWI?

DWI

In 2021, Texas law changed to allow people to carry a handgun in many public places without a license. Still, many Texans take the time to obtain a license to carry (LTC), as there are situations where the license is beneficial.

Whether you have a license or not, if you have a firearm in the car while driving under the influence, you are likely to face serious criminal charges. Here’s why.

From One Crime to Two

When it comes to a concealed weapon, behavior that would be legal in one situation can be illegal in another.

Your right to carry that weapon is dependent on you not committing another crime at the same time. So when it comes to drunk driving, your previously legal right to carry a firearm becomes a crime because you’re armed while committing the crime of driving while intoxicated.

Basically, if you’re carrying a gun in Texas, you cannot commit any criminal offense. If you do, the possession of the gun becomes an offense in itself. Instead of one crime, you’ll be facing charges for two offenses. Either way, you need a strong criminal defense lawyer.

A Sharp Increase in Potential Criminal Penalties

The charge for carrying a concealed weapon while committing the DWI will likely be a Class A misdemeanor. The penalties, if you’re found guilty, can include up to a year in jail and a hefty fine. That’s roughly twice the punishment typically handed out for a first-time drunk driving conviction.

In addition to the jail time and fines, you can face the loss of your LTC for a minimum of five years. Similarly, DWI convictions can lead to loss of driving privileges. With all of these possible punishments, it’s hard to overestimate how important it is to defend your rights with a strong defense.

The Importance of a Strong DWI Defense

In these cases, the unlawful carrying of a weapon charge is based on the drunk driving violation. That means if you’re not guilty of driving while intoxicated, you’re also not guilty of unlawfully carrying a weapon. While every DWI defense is important, the presence of a weapon places added weight on your defense.

For both the DWI and the weapon charge, you may have a defense based on an illegal search. There are strict rules about when and how law enforcement can conduct a search. If the evidence needed to convict you was obtained in violation of those rules, it can be thrown out.

You Need Experienced Criminal Defense Lawyers

After an arrest for DWI with a concealed weapon, you should contact a Texas criminal defense lawyer as soon as possible.

At Lee & Wood, GP, our attorneys have extensive experience defending clients in Texas criminal courts. We can help you understand your options and craft a strong defense to protect your rights. Call us at 817-678-6771 or send us a message to schedule a free consultation.