Q: Will I be charged with assault causing bodily injury Family violence even if it was self-defense?
I was at my brother's house and his girlfriend's daughter (who was 17 at the time about 18) started being really mean to my 5yr old son. I told her to stop my brother told her to stop, and she didn't. She proceeded to get up and get in my face and push me into my brother's TV, then tried to hit me multiple times. So I fought back with her. The fight didn't last long and we were separated but her mom called the cops and the state picked it up. She wasn't pressing charges I wasn't going to press charges because to me she's like my niece and I didn't want her to go to jail. My county has had it out for me for the past 2 years I've never had a criminal history until 2 years ago. I defended somebody who is being accused of murder. So unfortunately every time I go to court I get arrested, something new always pops up and they already told me I am going to get this charge and there's nothing I can do about it, even my lawyer just agrees with the county. But It was self-defense.
A:
You are free to hire a different lawyer if you don't like the one you've got. You can be arrested and charged with assaulting the Tooth Fairy. However, you will only be convicted if you take a plea because to win at trial, the prosecution must prove every element of the offense beyond a reasonable doubt and even the worst lawyer will point out that the Tooth Fairy is not a real person so you can't be guilty of assault.
Texas has a very good self defense law and, when a defendant successfully raises the issue, the state must DISPROVE self defense beyond a reasonable doubt or the defendant must be acquitted. Furthermore, unless the defendant is trespassing, the jury is forbidden from considering whether the defendant had the option to simply walk away when deciding if the force used in self defense was reasonable. You can read the law of self defense for yourself in chapter 9 of the Texas Penal Code.
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