Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Assault is governed by Texas Penal Code Section 22.01(a)(1). That section provides that someone has committed the offense of assault if the person “intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.” At first blush, this statute looks scarily broad but in Dallas and Collin Counties in Texas, these cases are among the hardest to successfully prosecute.
What is the Definition of “Bodily Injury?”
Texas Penal Code 1.07(a)(8) defines “bodily injury” as physical pain, illness, or any impairment of physical condition.” Again, scarily broad. But not to worry. There are plenty of strong defenses and other mountains the prosecution has to climb if they want to convict someone.
Self defense can absolutely be an affirmative defense in assault cases alleging “bodily injury.” Section 9.31(a) defines self defense as stating in part, “a person…
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