SELF-DEFENSE CLAIMS ON ASSAULT CHARGES | CRIMINAL LAWYER IN TEXAS
Accused of assault, aggravated assault, or murder in Texas? Were your actions justified by self-defense?
We offer experienced Fort Worth and Colleyville criminal defense lawyers and former Tarrant County prosecutors who can provide the best defense in fighting your charge. All of our criminal defense attorneys are former prosecutors. Partner Colin McLaughlin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has experience working for the Court of Criminal Appeals, the highest criminal court in Texas. We have offices in Fort Worth and Colleyville, Texas in Tarrant County.
We represent clients on all types of criminal charges, including drug possession charges, DWI, marijuana charges, sex crimes, crimes against children, theft, fraud, white collar crimes, gun and weapons charges, assault, murder, and violent crimes.
CRIMINAL DEFENSE LAWYERS | FORT WORTH & COLLEYVILLE, TEXAS
WHAT OUR CRIMINAL DEFENSE LAWYERS OFFERS:
EXTENSIVE TRIAL EXPERIENCE – OVER 200 CRIMINAL JURY TRIALS
Our firm has extensive trial experience in criminal defense. Our criminal defense lawyers in Fort Worth and Colleyville have tried over 200 combined criminal jury trials, including jury trials for DWI, Aggravated Assault with a Deadly Weapon, Sexual Assault, Drug Possession, Gun and Weapons Charges, Burglary of a Habitation, and Capital Murder. In addition, we have reviewed and successfully negotiated thousands of criminal charges.
FORMER PROSECUTORS IN TARRANT, DALLAS, AND HARRIS COUNTY
As former prosecutors in Tarrant, Dallas, and Harris County, our criminal defense lawyers know how the State of Texas will attempt to prosecute you on your criminal charges. This knowledge will allow our firm to build a strong defense in fighting your state or federal criminal charges. All of our criminal lawyers are former Tarrant County prosecutors. We also have former prosecutors who were assigned to specialized units, including DWI prosecution and crimes against children.
PARTNER COLIN MCLAUGHLIN IS BOARD CERTIFIED IN CRIMINAL LAW BY THE TEXAS BOARD OF LEGAL SPECIALIZATION
Our Fort Worth criminal defense lawyers know the inside and out of each and every aspect of a police investigation and State prosecution, including criminal laws, proper police procedures, DNA and blood forensic evidence, and knowing exactly how the State plans to introduce evidence into trial. Partner Colin McLaughlin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and also formerly clerked at the Court of Criminal Appeals, the state’s highest criminal court.
“PROTECTING YOUR CONSTITUTIONAL RIGHTS!”
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
– SIXTH AMENDMENT OF THE U.S. CONSTITUTION
SELF-DEFENSE: ARRESTED IN TARRANT COUNTY ON ASSAULT OR MURDER CHARGES?
EXPERIENCED CRIMINAL DEFENSE LAWYER IN FORT WORTH
Hoeller McLaughlin PLLC is a criminal defense law firm in Tarrant County, TX that has the knowledge, the dedication, and the trial experience to give you the best defense possible on your assault charges. Partners Bryan Hoeller and Colin McLaughlin are both former Assistant District Attorneys (prosecutors) in Tarrant County, Texas. They have extensive experience as criminal defense attorneys in Fort Worth handling thousands of misdemeanor and felony assault charges. Our entire team of lawyers are all former Tarrant County prosecutors who have tried over 200 criminal jury trials, from DWI to Capital Murder.
Bryan has been named a Super Lawyers Rising Star for 2018, 2019, and 2020 by Thomson Reuters and has tried 75 criminal jury trials, including trials for Assault Bodily Injury, Aggravated Assault, Assault on a Family Member, Murder, and Capital Murder. Colin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and previously worked at the Court of Criminal Appeals, the State’s Highest Criminal Court, as well as the Harris County District Attorney’s Office.
OUR STRATEGY IN FIGHTING YOUR CRIMINAL CHARGE:
Our strategy is simple: Be 100% committed to holding the State of Texas or the U.S. Government to their burden of proof (Beyond a Reasonable Doubt, the highest burden in any area of law). We accomplish this by thoroughly evaluated your case to make sure you are getting the best criminal defense possible. In addition, we make sure your constitutional rights are not being violated.
Here are some of the questions we consider as well as investigate your assault charges:
1. Do you have a self-defense claim? Were your actions legally justified under Texas Law?
2. Were you protecting your property or someone else during the assault?
3. Is there a suppression issue in your case that would throw out some or all of the evidence?
4. Did the officer follow the proper guidelines and police procedures when conducting their investigation?
5. If there was a search warrant, did the search warrant meet the requirements set out under Chapter 18 of the Texas Code of Criminal Procedure?
6. If DNA, Toxicology, Fingerprints, Gunshot Residue (GSR) or other law enforcement tests were conducted or administered, were the tests conducted according to their respective forensic guidelines or is there is an issue that would compromise the result?
7. Is there an issue with the background of one or many of the State’s witnesses that would affect the credibility of their testimony?
One of the first questions we are asking in any type of assault or weapons offense is whether there is a legal self-defense claim to be made? Who started the argument? Who threw the first punch? Who shot first? Were you protecting someone else? Were you in your home? Were you protecting your property? Was the other party committing a serious offense (i.e. burglary, robbery, sexual assault) at the time of the incident?
These questions are critical in determining whether your actions were legal in nature. Self-Defense in governed primarily by the Texas Penal Code. Here are some of the primary self-defense statutes in Texas (keep in mind that this only covers some of the issues for a valid self-defense; please consult with a lawyer on your specific case):
Sec. 9.31. Self-Defense – “a person is justified in using force against another when he believes the force is immediately necessary to protect himself against the other’s use or attempted use of unlawful force…”
Sec. 9.32. Deadly Force in Defense of Person – ” a person is justified in using deadly force against another if: (1) the actor would be justified in using force against the other under Sec. 9.31, and (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary to: (A) to prevent the actor against the other’s use or attempted use on unlawful deadly force, or (B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery…”
Sec. 9.33. Defense of Third Persons – ” a person is justified in using force or deadly force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31, or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and (2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
Sec. 9.41. Protection of One’s Own Property – ” A person in lawful possession of land or tangible, movable property is justified in using force against another and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property…”
Sec. 9.42. Deadly Force to Protect Property – “A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41 and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Sec. 9.43. Protection of Third Person’s Property – “A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person, if, under the circumstances as he reasonable believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and: (1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property, or (2) the actor reasonably believes that: (A) the third person has requested his protection of the land or property; (B) he has a legal duty to protect the third person’s land or property; or (C) the third person whose land or property he uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.
To get started on your self-defense claim, call one of our experienced criminal defense lawyers today for a free confidential consultation – 877-208-3382.