What Is the Best Defense Against Assault Charges?

Assault
Written By Ian Perez-Routledge

Fort Worth Criminal Defense Lawyer Explains Your Options on how to beat assault charges in tarrant county

Being arrested for assault in Fort Worth or Tarrant County can feel overwhelming. Texas assault laws are broad, and prosecutors often file charges quickly—sometimes based on incomplete information, conflicting statements, or misunderstandings.

The good news: assault charges can be defended. In many cases, the strongest defense depends on the facts of your situation, the evidence available, and how early a strategic defense begins.

Below are generally the best, most effective defenses to assault charges under Texas law, along with how an experienced criminal defense attorney uses them to protect your freedom.

  1. Self-Defense - The most common and powerful defense

Under Texas Penal Code § 9.31, a person is justified in using force when necessary to protect themselves from another person’s unlawful force.

To prove self-defense, you must show:

  • You reasonably believed you were in danger of being harmed

  • You used only the amount of force necessary to protect yourself

  • You did not provoke the confrontation

Self-defense is especially strong when:

  • You were attacked first

  • There are visible injuries on you, not just the alleged victim

  • Witnesses confirm you were defending yourself

  • Surveillance, video, or 911 audio supports your version of events

Tarrant County juries take self-defense seriously, especially in domestic situations or public altercations where both parties contributed to the conflict.

2. Defense of Others

This defense applies when someone else was being threatened or attacked, and you stepped in to stop the harm. If you acted to protect:

  • A child

  • A spouse

  • A friend

  • Even a stranger

...Texas law may justify your use of force.

3. Lack of Intent - Accidental Contact or Misunderstanding

Assault requires intentional, knowing, or reckless conduct. If the incident was accidental—or if the contact was misinterpreted—there may be no criminal intent at all. Examples:

  • You tripped and fell into someone

  • You were trying to break up a fight

  • Someone misread your actions in a chaotic situation

Accidental contact is not assault, and showing lack of intent can lead to a full dismissal.

4. False Allegations or Fabricated Claims

Assault accusations—especially in domestic violence cases—are sometimes:

  • Exaggerated

  • Motivated by anger or jealousy

  • Used as leverage in divorce or custody disputes

  • Made after both parties were drinking

  • Simply untrue

A skilled defense attorney investigates:

  • Inconsistencies in the alleged victim’s statement

  • Cell phone data, texts, and social media

  • Surveillance or Ring camera footage

  • 911 call recordings

  • Body-worn camera footage

False or exaggerated allegations often collapse under scrutiny.

5. Lack of Evidence

The State must prove every element beyond a reasonable doubt—the highest legal standard. Assault cases often suffer from:

  • No witnesses

  • No injuries

  • Conflicting statements

  • Poor police investigation

  • No video evidence

If prosecutors cannot prove the case fully, the charge may be reduced or dismissed.

6. Mutual Combat / Consensual Fight

Texas law allows the defense that both people agreed to fight. This comes into play in situations like:

  • Bar fights

  • “Mutual pushing or shoving”

  • Fights between friends or acquaintances

While it doesn’t justify the force completely, it can significantly reduce or defeat criminal liability in certain cases.

7. Stand Your Ground (Castle Doctrine)

In Texas, you have no duty to retreat if:

  • You were lawfully present

  • You were not engaged in criminal activity

  • Force was immediately necessary

This is a powerful defense in cases where:

  • Someone entered your home

  • You were threatened on your property

  • You were attacked in a public place

8. Insufficient Proof of Bodily Injury

In Assault Causing Bodily Injury (Texas Penal Code § 22.01), prosecutors must prove pain, injury, or impairment.

Defense strategies include:

  • Challenging medical findings

  • Arguing that pain was not immediate or directly caused

  • Demonstrating inconsistencies in alleged injuries

If prosecutors cannot prove bodily injury, the charge may be reduced or dismissed.

9. Defense Against Assault - Impeding Breath or Circulation Allegations

Strangulation charges are extremely serious felony cases. However, prosecutors often:

  • Overcharge based on vague or inconsistent statements

  • File felonies even without visible injuries

  • Assume guilt based solely on a claim of “hard to breathe”

The best defenses include:

  • Medical review of the alleged injuries

  • Bodycam footage

  • Lack of petechiae, bruising, or defensive wounds

  • Text messages contradicting the claim

  • Witness statements refuting the accusation

These cases often weaken significantly under investigation.

10. Constitutional Violations

If police violated your rights, evidence may be suppressed. Examples include:

  • Illegal entry into your home

  • Improper arrest

  • Failure to read Miranda warnings (when required)

  • Coerced statements

  • Unlawful search or seizure

  • No probable cause

Suppressed evidence can lead to full dismissal of the case.

Which Defense Works Best? It Depends on Your Case.

There is no single “best” defense that applies to every assault case. The strongest defense is the one that aligns with your facts, your evidence, and your legal rights. An experienced Fort Worth assault lawyer will:

  • Review bodycam, 911 calls, and witness statements

  • Investigate the alleged victim’s credibility

  • Examine injuries or alleged injuries

  • Look for inconsistencies or contradictions

  • Analyze the legality of the arrest

  • Build a defense tailored to your situation

The sooner an attorney begins the investigation, the stronger your defense becomes.

Facing Assault Charges in Fort Worth? Get Immediate Help.

Assault charges can carry serious consequences, including:

  • Jail or prison time

  • Protective orders

  • Loss of gun rights

  • Employment consequences

  • Permanent criminal record

You need an attorney who is:

  • Trial-ready

  • Experienced

  • Aggressive

  • Strategic

  • Respected in Tarrant County courts

Routledge Law Firm is located less than a mile from the Tim Curry Criminal Justice Center and represents clients across Fort Worth, Tarrant County, and the DFW Metroplex in all assault cases—including Assault Causing Bodily Injury, Family Violence, Aggravated Assault, and Impeding Breath/Circulation.

Contact Us Today - Free Consultation

If you or someone you love has been arrested for assault, call Routledge Law Firm immediately for a confidential consultation — (817)-500-5589. Early action can mean the difference between:

  • A conviction

  • A reduced charge

  • Or a full dismissal

Ian Perez-Routledge