Im am being charged with aggravated assault but when the altercation happend it was in self deffense

Asked over 3 years ago - Houston, TX

me and my partner got into an fight and i broke a piece of glass and swung it and it sliced him in the neck but at the time he was beating me and hitting me as soon as i cut him he stoped and i took him to the hospital and i left because i was trying to leave him i went into hidding and i have my family and friends that are willing to testify on my be half on how violent he has been with me in the past. can i get off of this charge due self defense

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You definitely need to hire a criminal defense lawyer who can read the offense report and go over the facts and law with you.

    In general, a person is entitled to use non-deadly force to defend against the use of non-deadly force against him. A person is entitled to use deadly force against the use or threat of the use of deadly force against him. A person is NOT entitled to use deadly force against the use of non-deadly force - generally - unless there is more to it.

    If you have not already made bond, you should first consult with several lawyers before making a decision to hire one. You are facing a very serious charge. (2nd degree felony carrying up to 20 years in prison as the punishment) Then you should make arrangements with a bonding company to make a non-arrest bond. Your lawyer may have to be involved in this if by "partner" you mean someone in your household because you will likely be set at zero bond until a magistrate's order of emergency protection is signed (keeping you from going around your partner.)

    Do not hire a lawyer who mails you a solicitation letter. You need someone with experience and a willingness to go to trial if necessary.

  2. Rosario Stornello

    Contributor Level 11

    Answered . You need to hire an experienced criminal defense attorney. When you hire an attorney they will read the police report and then go over all of the facts and law with you.

    Generally the law says, a person is entitled to use non-deadly force to defend against the use of non-deadly force against him. A person is entitled to use deadly force against the use or threat of the use of deadly force against him. A person is NOT entitled to use deadly force against the use of non-deadly force - generally - unless there are more facts.

  3. Ronald S. Pichlik

    Contributor Level 18

    Answered . First you need an attorney. You are stating this was self defense; self defense is a factual, not a legal, defense. This means it will be for a jury to decide whether you acted in self defense or not.

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