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Self Defense Still Alive in Texas

Posted by attorney James Balagia

According to Texas law, even drug dealers have the right to defend themselves against physical violence. This story certainly leaves more questions than answers when you finish it. The first thing that comes to my mind is the issue of "self defense". If the three brothers showed up to engage in a fist fight over a drug dispute they may very well have provoked the incident. According to Texas law, even drug dealers have the right to defend themselves against physical violence. Citizens (and non-citizens) have the right to use force to defend themselves against the unlawful use of force. If three people attack one person the resulting physical damage could place that person in the hospital or morgue. Perhaps our police department could increase patrols in this neighborhood for the safety of the residents until this situation calms down. As for the use of the Self Defense Affirmative defense in this case. As long as the lawyer for the advocate of the self defense argument can convince a jury that it was legally utilized the defendant's behavior will be excused. Man charged in connection with drug melee - By Claudia Grisales An Austin man has been charged with aggravated assault after three stabbing victims drove themselves to the hospital following a drug-related brawl Sunday evening, according to an arrest affidavit. Joseph Michael Trevino, 20, has been charged with aggravated assault with a deadly weapon, a second-degree felony, the affidavit said. The fight was the result of a marijuana deal gone bad between three brothers and Trevino and other unnamed suspects, the affidavit said. The brothers, Ray, Christopher and Cruz Soliz, had gone to the intersection of Broad Brook and Flaxen drives in far Southeast Austin to confront Trevino, the affidavit said. "The victims approached the defendant and several other subjects at that location with the intent to engage them in a fist fight," the affidavit said. "During the ensuing fight, all three brothers were stabbed multiple times, at which time they fled the scene in their vehicle." The Soliz brothers drove themselves to the hospital, and all three had to undergo surgery, the affidavit said. While there was more than one suspect, one of the brothers, Christopher, was only able to identify Trevino from a lineup of photographs, saying Trevino stabbed him multiple times in the torso with a folding knife with a gold tip, the affidavit said. Another suspect, Joshua Benavides, also identified Trevino as involved in the fight, the affidavit said. It wasn't immediately clear from court records if Benavides has been charged.

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Texas Penal Code
Law Office of Jamie Balagia

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