San Antonio, TX asked in Criminal Law and Domestic Violence for Texas

Q: can you get a search warrant for pictures to be taken of self mutilation on a victim in an assault case after the fact?

Three parties involved. The suspect went over to ex dwelling in concern of their well being. Another individual was there that the suspect assaulted. Trying to prove that there was no intent to assault. Went over because ex had shown suspect that they were self mutilating not that long prior. Pictures were taken but not of the self mutilation. Can the suspect somehow get pictures of this to prove there was no intent to go there to commit assault?

2 Lawyer Answers

A: Okay. You cannot go around beating people up and then try to justify the assault after the fact. You say you went to the ex's dwelling and another person was present who had previously been in the act of "self-mutilation" with the ex, and you beat the guy up, "Self mutilation" is the act of assaulting one's self, not the person of another. You cannot beat a guy up to protect your ex from mutilating her own self. You can only beat the guy up if he was in the act of mutilating the ex, and she did not consent. You are entitled to defend third persons from assault, but you cannot assault another person to protect against a third person assaulting herself. Are you entitled to a search warrant? No! Could your lawyer subpoena the pictures? Of course. To what end? I am not at all certain. Finally, the "intent to commit assault" comes from the beating. Intent is defined as the person's conscious objective to engage in the conduct and cause the result. You assaulted the other guy? You intended to commit assault. That and nothing more tells me you have an uphill fight. Good luck.

Kiele Linroth Pace agrees with this answer

A: I wonder what "not that long prior" means in the question as posted. A few minutes? If so, that might be reasonably understood to be implied consent, as a sort of "save me from myself" type of outcry. The reason I ask is that entering a habitation without effective consent and committing any level of assault could get you felony Burglary, and will require serious legal help.

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