Category Archives: Evidence

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.

The Brady Rule And Disclosure Evidence

Criminal Attorney, Criminal Defense, Evidence

In criminal trials, both the prosecution team and the defense team will be looking for evidence to prove guilt or innocence. But what happens when the prosecutor finds evidence that the defendant is innocent? What is a prosecutor’s duty? If a prosecutor finds evidence that an accused person is innocent, what should they do with it?

Fortunately, there’s a rule governing this important situation. The Brady Rule requires prosecutors to disclose “exculpatory evidence,” which is evidence that may support the defendant’s innocence. Unfortunately, however, history shows that your defense attorney should not rely on this disclosure.

What Evidence Is Considered in the Brady Rule?

Not all evidence is considered Brady Material. The type of evidence covered by the Brady Rule is that which is “material to the issue,” which means it’s important to the case. The evidence must also be exculpatory, meaning it helps the defendant make their case.

Physical evidence, information gathered in depositions and many other types of evidence are all subject to the Brady Rule.

Violations of the Brady Rule

The Brady Rule is more often noted for its failures than for its successes. Violations of the Brady Rule have led to some famous results.

When exculpatory evidence is not turned over, as the law requires, the conviction should be reversed. Brady violations can lead to convictions being overturned, sometimes years or decades into an innocent person’s sentence.

While it is a fundamental principle of due process, Brady Rule enforcement is inconsistent. Violations are relatively common and are rarely sanctioned or corrected unless uncovered through appeals or independent investigations. Courts often defer to prosecutors’ discretion, and disciplinary action against those who withhold evidence is rare. Paired with a lack of accountability in policing, people accused of crimes are facing a prosecution that can seemingly do what it wants.

Though the Brady Rule is well-established in law, its practical enforcement often depends on the diligence of defense attorneys. Some have even suggested that the reputation and relationships forged by defense lawyers are key to preventing Brady violations in the first place.

Building a Strong Defense

While the law requires exculpatory evidence to be turned over, it’s not realistic to hope for the prosecutor to provide the key evidence that sets you free. An experienced criminal defense attorney will not rely on Brady material to build your defense.

If there is evidence to be found that will reduce or negate the charges against you, your attorney and hired investigators are most likely to find and present it. That’s one of many reasons to find and hire an experienced defense attorney.

Mistake or Intention

Some might argue that the current state of affairs regarding the Brady Rule is unacceptable. That may be the case, but it’s worth considering what’s actually driving the problem.

Prosecutors often carry substantial workloads and have limited resources to do their jobs. The system isn’t perfect, and mistakes happen that can help or hurt an accused person. Courts are unlikely to start punishing prosecutors in a way that makes the situation worse.

Contact a Texas Criminal Defense Attorney Now

At Lee & Wood, our attorneys have extensive criminal defense experience in Texas courtrooms. We can help you craft a strong defense designed to protect your rights, regardless of whether the prosecution plays nice. Call our offices today at 817-678-6771 or contact us online for a free consultation.