Category Archives: Assault

What Kinds of Non-Violent Contact Are Considered Assault?

Assault, Criminal Attorney, Criminal Defense, Defense attorney

Most people picture a fight or an attack when they think of an assault. That’s because the word “assault” is often associated with physical harm. Under Texas law, however, the definition of assault is broader, and there are non-violent forms that can still result in criminal assault charges.

Bodily Injury Is Not Necessary in Assault Cases

It’s a reasonable mistake to assume that you can’t be guilty of assault if you didn’t cause any physical damage to the other person(s). The definition of assault in the Texas Penal Code mentions bodily injury several times. It’s also true that there are many instances where assault involves violent physical contact.

But you don’t need to have caused bodily injury to someone to still land yourself in criminal court for assault. Below are some examples of what can be considered non-violent assault.

Threats of Physical Harm

This type of assault only involves the threat of imminent bodily injury. While it doesn’t require physical harm actually being done, it still includes conduct that many would consider frightening. In these cases, it’s possible for an assault charge to result from a situation where there is no physical contact of any kind.

Non-Violent Physical Contact Leading to Assault Charges

When can contact that isn’t violent cause you to face charges for assault? The key is that the contact must be offensive or provocative.

However, to charge someone requires more than the alleged victim being offended. The person making contact must know or reasonably believe that their behavior is something the alleged victim would find offensive or provocative.

Examples of Non-Violent Contact Leading to Criminal Charges

Perhaps the most common examples of this type of assault involve sexual contact. Unwanted touching in the form of groping, kissing or simulated sexual acts can be found offensive or provocative. Even a hug can form the basis of criminal assault if the person being hugged has indicated that that kind of contact is not welcome.

But contact does not have to be sexual to lead to assault charges. Spitting on someone constitutes physical contact, and most people find it a highly offensive and provocative act. Even poking someone in the chest or patting them on the head could be considered provocative, depending on the situation.

Penalties for Non-Violent Physical Contact

While there are situations that can lead to more serious charges, many non-violent assault cases result in Class C misdemeanor charges under Texas law. The penalty for a Class C misdemeanor is a fine of up to $500.

Even if the money isn’t an issue for you, it’s important to understand the importance of avoiding a criminal conviction. An assault record, no matter how minor, can cause you lots of headaches over time.

Contact an Experienced Texas Assault Attorney

At Lee & Wood, GP, we defend clients facing a wide range of charges, including assault. If you need help navigating the criminal justice system, contact us online or call us at 817-678-6771 today. We defend clients charged with assault in Cleburne, Weatherford, Burleson, Granbury, and many other cities in the Fort Worth area.

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.

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 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.

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.

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.

Texas Assault Charges: Misdemeanor or Felony?

Assault

The word “assault” can be used to describe many different situations. The full legal definition, under Texas law, is long and complicated.

One important thing to understand is that assault charges can be either a misdemeanor or a felony. Felony charges can lead to harsher punishments, including prison sentences of a year or longer. The many circumstances of the situation can all affect which way the charges go.

Let’s dive into the details on what assault is and what makes an offense a misdemeanor versus a felony.

The Basics of Assault

There are three types of behavior that form the basis of assault charges in Texas. A person commits assault if they:

  • Intentionally, knowingly or recklessly cause bodily injury to another.
  • Intentionally or knowingly threaten another with imminent bodily injury.
  • Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Assault does not require physical contact between the perpetrator and the victim. Even threats can lead to assault charges, including felony assault charges, under certain circumstances.

Misdemeanor Assault

Misdemeanors are considered less serious than felonies, but that doesn’t mean you can afford to take a misdemeanor charge lightly. A Class A misdemeanor in Texas can be punished by up to one year in county jail, a fine of up to $4,000 or both.

If you’re charged with misdemeanor assault, you need to speak to an experienced criminal defense attorney as soon as possible. One possible defense is mutual combat, such as when both parties consented to a fight.

Every criminal case is unique. Still, what you’d consider an ordinary assault case, where some degree of bodily injury occurred, can lead to Class A misdemeanor charges. This can be anything from a bar fight or domestic dispute to elder abuse or a road rage incident.

Felony Assault

The difference between misdemeanor assault and felony assault depends on the severity of the harm, the identity of the victim, the past behavior of the person accused and other elements involved in the assault. The evidence used in the charge should affect this as well.

Assaults against family members can be charged as felonies. In addition, assaults against public servants discharging their official duties can be charged as felonies.

In many cases, the difference between a misdemeanor charge and a felony charge is how much damage is done. An assault that leads to some degree of bodily injury may be ruled a misdemeanor. However, an assault leading to serious bodily injury is likely to be ruled as felony aggravated assault.

Another element that raises a misdemeanor to a felony is the use or exhibition of a deadly weapon during the assault. Repeat offenders can also be charged with felony assault under circumstances that would otherwise lead to misdemeanor charges

Contact a Texas Assault Attorney Today

At Lee & Wood, GP, our lawyers have extensive experience defending people against assault charges in Texas courts. Call our firm today at 817-678-6771 or Contact us today to get started.

What Evidence Matters in Texas Assault Cases?

Assault

Violent confrontations are frequently the result of mutual escalation. While there are exceptions, assault charges tend to involve messy situations where more than one party contributed to the outcome.

When it comes to assault cases, it’s important to understand what the law considers relevant in determining guilt.

Assault Covers Many Situations

From a legal perspective, the term “assault” can mean many things. Leaving a child in a vehicle can be considered assault, depending on the circumstances. Obviously, domestic violence and sexual assault are in this category as well. From bar brawls to elder abuse, there are too many types of assault to cover in detail.

The charges can differ as well. They can be misdemeanors or felonies.

6 Types of Evidence

Despite the variety of cases that can be assault, there are elements of threats or harm that are included in these cases. To that end, evidence of assault can come in several forms.

1. Physical Evidence

One of the most compelling forms of evidence in assault cases is physical proof of injury. Photographs of bruises, cuts or other visible harm can support claims of bodily injury.

Medical records documenting treatment and diagnosis also carry significant weight, especially when they align with the timeline and nature of the alleged assault. Absence of such physical proof makes things harder for the prosecution.

2. Witness Testimony

Eyewitness accounts can make or break an assault case. Neutral third-party witnesses are especially valuable, as they are less likely to be biased. Their testimony can help establish who initiated the confrontation, how events unfolded and whether the force used was excessive or justified.

3. Police Reports and Bodycam Footage

Law enforcement documentation is central to many assault prosecutions. Police reports summarize the officers’ observations, statements from involved parties and any immediate evidence collected.

Increasingly, body cam footage provides an unfiltered view of the scene, capturing behavior, injuries and interactions in real time. This evidence can corroborate or contradict verbal accounts.

4. Surveillance and Video Evidence

In today’s digital age, many assault incidents are caught on camera, whether through security systems, smartphones or public surveillance. Video evidence can be powerful, offering a visual timeline of events. However, it must be authenticated and shown to be unaltered to be admissible in court.

5. Prior History and Intent

While Texas courts generally focus on the incident at hand, prior convictions or a history of violence may be introduced under certain circumstances. If intent or an identifiable pattern of behavior is relevant, it could lead to a more serious sentence. Conversely, a clean record may support a history of self-control as a defense.

6. Statements and Admissions

What the accused or the alleged victim says, both at the scene and afterward, can be used as evidence. Spontaneous admissions, social media posts or text messages may be admissible if they relate directly to the incident. In general, it’s best to avoid discussing the matter in any form without first talking to a criminal defense attorney.

Assault Charges Call for a Strong Defense

Whether the case involves a misdemeanor or felony charge, you should take your defense seriously. At the criminal defense law firm of Lee & Wood, GP, our attorneys fight to protect the rights of people facing assault charges. Contact us online or call 817-678-6771 to schedule a consultation.

What are Child Grooming Charges in Texas?

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

As a response to increased reports of child trafficking, the Texas Legislature passed a law against child grooming in 2023. Grooming is the process where an adult builds a relationship, trust and emotional connection with a child in order to manipulate, exploit or sexually abuse them.

Texas takes the crime seriously, and the penalties for a conviction are harsh.

Texas Child Grooming Law

For a conviction of child grooming under Texas law, the prosecution must be able to establish that the defendant intended to commit a sexual offense. Grooming covers the actions taken in preparation of the sexual offense. That includes persuasion, inducement, enticement or coercion.

The victim in a child grooming situation must be under 18 years of age. The offense involved must fall under Texas laws against trafficking, sexual offenses or assaultive offenses.

Can a Minor Groom Another Minor?

There is an affirmative defense for situations where the person accused and the victim are both under 18, provided the age gap is small enough and the two are in a dating relationship or married at the time of the conduct.

It’s important to recognize that the affirmative defense requires the two minors to be in a dating relationship. It does not cover actions taken by a minor seeking to establish a dating relationship.

The Weight of an Accusation

As in the case of sex offenses, the impact of an accusation of child grooming is hard to overstate, often carrying lifelong consequences. This is particularly troublesome when you consider the behaviors that could be considered grooming if viewed in the wrong light.

Child grooming laws are intended, in part, to prevent sex offenses like assault from occurring in the first place. In a way, they’re intended to punish the behavior that comes before what was once the crime of record. That’s why the issue of intent is so important. An action that’s perfectly acceptable where there is no intent becomes criminal if there is intent.

Depending on the criminal history of the person accused, child grooming is considered either a third-degree felony or a second-degree felony.

A Loaded Term

Grooming has taken on a new meaning in recent years. It’s fair to suggest that from one person to the next, there might be a very different understanding of what the word means. That kind of misunderstanding or disagreement can have a significant impact when it comes to criminal prosecution.

Contact a Skilled Texas Criminal Defense Attorney

At Lee & Wood, GP, our team understands the intricacies of Texas law. We have extensive experience defending both adults and young people against a range of criminal charges. To speak to one of our knowledgeable lawyers, call us at 817-678-6771 to schedule a consultation.

Abuse in Texas Juvenile Justice Facilities

Assault

Many people want to believe that children in custody are being treated with dignity. However, an investigation by the U.S. Justice Department turned up serious issues with five Texas juvenile facilities.

The report from the investigation includes several recommended remedies for the issues raised. The Texas Juvenile Justice Department has not yet stated whether they plan to take the actions recommended by investigators.

Young Offenders Are Particularly Vulnerable

The criminal justice system is a terrifying place for adults. For young offenders, it can be a nightmare. Without an experienced attorney to help them, juveniles accused of crimes might be treated unfairly. Young people often don’t know they have rights or understand the best ways to assert those rights.

The facilities in question were for youths ranging in age from 10 to 19. Many of these young people may not have understood when guards’ behavior crossed the line into unlawful conduct. The abuses noted were widespread, affecting a large number of victims.

Improper Treatment

The investigation uncovered several types of improper or unlawful conduct:

  • There were numerous reports of staff members using pepper spray frequently and for very minor infractions. Children were pepper-sprayed for things like slamming a washing machine door or talking back to the guards.
  • There were multiple instances of young offenders being held in isolation for long periods of time.
  • The juveniles at these facilities were not given the rehabilitation services that should have been provided.
  • The juveniles were not properly protected from sexual abuse, including sexual abuse by staff members.

Recommended Improvements

The 72-page report listed several changes the facilities could make to address the problems. It recommended that they end the use of MK-9 pepper spray canisters, restrict the use of isolation, and mandate non-force intervention as a first response.

The Goal of Juvenile Detention

Unfortunately, the conditions found in these detention facilities are not unusual. Abuse is common in many incarceration facilities. This is one of several reasons why youth incarceration has been shown to be ineffective. If the goal is to put a stop to delinquent behavior and put kids on a better path, incarceration will not achieve it.

Juvenile detention should not be the default action when young people run afoul of the law. This would be true even if the facilities in question weren’t hotbeds for abuse and neglect. Avoiding, or at least minimizing, the time children spend in these facilities is the best way to help protect their futures.

Act Quickly to Protect the Rights of a Young Offender

Early and aggressive criminal defense is important. The Texas juvenile justice system is not the place to turn a troubled child around. At LEE AND WOOD, GP, our experienced defense attorneys can answer your questions and get started on the best defense for your child. Call our Fort Worth lawyers at 817-678-6771 or contact us online today.