5 Possible Defenses Against Assault Charges in Texas

Aggravated Assault, Assault, Criminal Defense, Defense attorney, Defenses

Facing assault charges in Texas can be overwhelming. The consequences, including potential fines and jail time, can have a long-lasting impact on your life.

However, being charged doesn’t automatically mean you’re guilty. Texas law provides several defenses that may help reduce or even dismiss the charges against you. Understanding these defenses is essential to protecting your rights and building a strong legal defense strategy.

1. Self-Defense

One of the most commonly invoked defenses in assault cases is self-defense. Texas law allows individuals to use reasonable force to protect themselves from harm if they reasonably believe they’re in imminent danger.

To successfully claim self-defense, you must show:

  • You did not provoke the other person.
  • You reasonably believed force was immediately necessary.
  • The level of force you used was proportionate to the threat.

Evidence such as witness statements, video footage or physical injuries may support this defense. If self-defense applies, it can completely excuse the alleged assault.

2. Defense of Others

Similarly, Texas law recognizes the right to use force to protect another person. If you reasonably believed that someone else was in immediate danger and your intervention was necessary, this defense may apply.

Like self-defense, the force used must be appropriate and proportional. This defense is especially relevant in situations where a friend or family member is being threatened or attacked.

3. Defense of Property

Under certain circumstances, Texas allows individuals to use force to protect their property. While this defense is narrower and more strictly evaluated than self-defense, it can apply in situations involving the protection of your home or belongings.

It’s important to note, however, that the law rarely excuses excessive force in defense of property. The details matter, and courts will examine whether the force used was truly necessary.

4. Lack of Intent

Assault charges can also rely on evidence of intent. In Texas, causing offensive or harmful contact without intent may not meet the legal definition of assault. For example, accidental contact during a crowded event or misunderstanding during a heated exchange might not qualify as intentional harm.

If you can demonstrate that any physical contact was accidental, the prosecution may have difficulty proving your guilt.

5. Consent

Although less common, consent can also serve as a defense in some assault cases. If both parties willingly agreed to physical contact, the legal grounds for assault may be weakened. This defense requires careful presentation and is evaluated closely by courts.

Speak to a Texas Criminal Defense Attorney

Every assault case is unique, and the defenses available depend on the facts and circumstances. If you’re facing assault charges in Texas, speaking with an experienced criminal defense attorney is essential.

At Lee & Wood, GP, our Texas team has the experience to protect your rights when facing charges. Call us at 817-678-6771 or contact us online to schedule a consultation.

Guns and Alcohol: Does Having a Weapon in the Car Matter During a DWI?

DWI

In 2021, Texas law changed to allow people to carry a handgun in many public places without a license. Still, many Texans take the time to obtain a license to carry (LTC), as there are situations where the license is beneficial.

Whether you have a license or not, if you have a firearm in the car while driving under the influence, you are likely to face serious criminal charges. Here’s why.

From One Crime to Two

When it comes to a concealed weapon, behavior that would be legal in one situation can be illegal in another.

Your right to carry that weapon is dependent on you not committing another crime at the same time. So when it comes to drunk driving, your previously legal right to carry a firearm becomes a crime because you’re armed while committing the crime of driving while intoxicated.

Basically, if you’re carrying a gun in Texas, you cannot commit any criminal offense. If you do, the possession of the gun becomes an offense in itself. Instead of one crime, you’ll be facing charges for two offenses. Either way, you need a strong criminal defense lawyer.

A Sharp Increase in Potential Criminal Penalties

The charge for carrying a concealed weapon while committing the DWI will likely be a Class A misdemeanor. The penalties, if you’re found guilty, can include up to a year in jail and a hefty fine. That’s roughly twice the punishment typically handed out for a first-time drunk driving conviction.

In addition to the jail time and fines, you can face the loss of your LTC for a minimum of five years. Similarly, DWI convictions can lead to loss of driving privileges. With all of these possible punishments, it’s hard to overestimate how important it is to defend your rights with a strong defense.

The Importance of a Strong DWI Defense

In these cases, the unlawful carrying of a weapon charge is based on the drunk driving violation. That means if you’re not guilty of driving while intoxicated, you’re also not guilty of unlawfully carrying a weapon. While every DWI defense is important, the presence of a weapon places added weight on your defense.

For both the DWI and the weapon charge, you may have a defense based on an illegal search. There are strict rules about when and how law enforcement can conduct a search. If the evidence needed to convict you was obtained in violation of those rules, it can be thrown out.

You Need Experienced Criminal Defense Lawyers

After an arrest for DWI with a concealed weapon, you should contact a Texas criminal defense lawyer as soon as possible.

At Lee & Wood, GP, our attorneys have extensive experience defending clients in Texas criminal courts. We can help you understand your options and craft a strong defense to protect your rights. Call us at 817-678-6771 or send us a message to schedule a free consultation.

Texas Assault Charges: Misdemeanor or Felony?

Assault

The word “assault” can be used to describe many different situations. The full legal definition, under Texas law, is long and complicated.

One important thing to understand is that assault charges can be either a misdemeanor or a felony. Felony charges can lead to harsher punishments, including prison sentences of a year or longer. The many circumstances of the situation can all affect which way the charges go.

Let’s dive into the details on what assault is and what makes an offense a misdemeanor versus a felony.

The Basics of Assault

There are three types of behavior that form the basis of assault charges in Texas. A person commits assault if they:

  • Intentionally, knowingly or recklessly cause bodily injury to another.
  • Intentionally or knowingly threaten another with imminent bodily injury.
  • Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Assault does not require physical contact between the perpetrator and the victim. Even threats can lead to assault charges, including felony assault charges, under certain circumstances.

Misdemeanor Assault

Misdemeanors are considered less serious than felonies, but that doesn’t mean you can afford to take a misdemeanor charge lightly. A Class A misdemeanor in Texas can be punished by up to one year in county jail, a fine of up to $4,000 or both.

If you’re charged with misdemeanor assault, you need to speak to an experienced criminal defense attorney as soon as possible. One possible defense is mutual combat, such as when both parties consented to a fight.

Every criminal case is unique. Still, what you’d consider an ordinary assault case, where some degree of bodily injury occurred, can lead to Class A misdemeanor charges. This can be anything from a bar fight or domestic dispute to elder abuse or a road rage incident.

Felony Assault

The difference between misdemeanor assault and felony assault depends on the severity of the harm, the identity of the victim, the past behavior of the person accused and other elements involved in the assault. The evidence used in the charge should affect this as well.

Assaults against family members can be charged as felonies. In addition, assaults against public servants discharging their official duties can be charged as felonies.

In many cases, the difference between a misdemeanor charge and a felony charge is how much damage is done. An assault that leads to some degree of bodily injury may be ruled a misdemeanor. However, an assault leading to serious bodily injury is likely to be ruled as felony aggravated assault.

Another element that raises a misdemeanor to a felony is the use or exhibition of a deadly weapon during the assault. Repeat offenders can also be charged with felony assault under circumstances that would otherwise lead to misdemeanor charges

Contact a Texas Assault Attorney Today

At Lee & Wood, GP, our lawyers have extensive experience defending people against assault charges in Texas courts. Call our firm today at 817-678-6771 or Contact us today to get started.

TPWD Is Collecting Anonymous Tips of Wildlife Crimes

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Fishing violation, Wildlife crimes, Wildlife crimes attorney, Wildlife violations

Earlier this year, Texas Parks and Wildlife proudly announced that a new tipline was in place, making it easier to report suspicious activity or violations. It’s now easier than ever to anonymously accuse someone of wildlife crime. But is that progress?

TPWD Is Collecting Tips and Reports of Illegal Activity

Texas Parks and Wildlife Department (TPWD) is encouraging people to report suspicious activity by texting TIP411. People can also use the free Operation Game Thief App to make reports and submit photos or videos. The State even offers a bounty: Rewards of up to $1,000 are available for tips that result in a conviction.

Harsh Penalties for Wildlife Crimes

While tipline callers are offered a bounty, the accused—even if innocent—may face financial ruin. Common wildlife crimes cover several sporting areas:

Depending on the circumstances, such violations can lead to jail time as well as fines or restitution to the state. If you’re convicted, it may also mean the suspension of or loss of your license and sometimes forfeiture of equipment.

It’s Easier Than Ever To Accuse Someone of a Crime

Being fined, arrested or charged with a crime is stressful at best and life-ruining at worst. Civil or criminal charges are a serious matter requiring time, attention and resources to address properly.

It’s important to consider the implications of soliciting anonymous tips and evidence from the public at large. This may be particularly true when fake images are far more accessible than they once were.

Can Anonymous Tips Be Used in Court?

Luckily, in general, it’s not possible to use an anonymous accusation in a criminal trial. That said, a tip that leads to an independent investigation finding the accusation to be true gets around the problem.

After an anonymous tip, TPWD law enforcement officials can run an independent investigation that corroborates the information in the tip. That evidence would likely be admissible in court.

Anonymous tips, as well as any other evidence presented, must be dealt with carefully and correctly by your defense team.

Countering the prosecution’s evidence and presenting your own is the heart of an effective defense. We know how to present your side of the story in court. That can make a tremendous difference in penalties, such as fines and restitution, as well as help you keep your right to hunt and fish in the future.

Contact a Federal Wildlife Violations Lawyer for a Strong Defense

At Lee & Wood, GP, you get the benefit of an experienced wildlife violations defense attorney who is also an avid hunter. You get to talk to an attorney who understands the law and the real-life circumstances hunters face. Call 817-678-6771 or contact us online to discuss your situation.

Denying Bail: Proposition 3 Passes in Texas

Criminal Attorney, Criminal Defense, Defense attorney

Bail has become a contentious subject in the criminal justice world. Figuring out the proper way to treat someone who is accused of a serious crime, but has not yet been tried or found guilty, is a complex issue.

Texas voters have tackled the issue by approving a change to the State Constitution. If you’ve been accused of a serious crime, this change could affect your time between arrest and trial.

Proposition 3 to Amend the Texas Constitution

Proponents of Proposition 3 say that there are circumstances under which bail should always be denied, regardless of the opinions of judges. The measure, passed in November 2025, lists specific charges whereby an accused person might not be eligible for bail. The list includes violent and sexual offenses, including:

Luckily, if you’re arrested on one of these charges, the measure does not eliminate the possibility of bail altogether. Denying bail happens only under specific circumstances.

For example, bail would be denied if a hearing found, by a preponderance of the evidence, that you (the person arrested) would likely not willfully appear in court. It would also be denied if the hearing found that, by clear and convincing evidence, you were a danger to the community or the victim.

A strong defense can help you tackle these hearings and avoid these kinds of findings.

Without Proposition 3, judges and magistrates had discretion to deny or allow bail for these serious cases. Supporters say the measure was needed to combat activist or corrupt judges granting bail in situations where it isn’t appropriate. However, denying bail could lead to innocent people being in prison.

The Legal Presumption of Innocence

There is a crucial difference between being accused of a crime and being guilty of that crime. Since all people are considered innocent until proven guilty, punishing someone who has not had the chance to present a strong defense is not right.

Bail is one method intended to deal with the thorny issue of pretrial detention . It’s generally understood that innocent people should not be locked up.

High bail is not meant as a punishment. The goal is to provide an incentive for someone facing criminal accusations to show up for the legal proceedings. Bail money goes back to the defendant after the trial. You show up, or you lose the money.

The issue is not one-sided, however. There are cases where prosecutors will say it seems likely that you, the accused, would commit more violence if released. There are also cases where they would say you are likely to flee rather than return to court to face a trial.

Before Proposition 3 passed, this would be a situation where a high bail amount would be set. With Proposition 3 in place, you may be denied bail altogether.

The Importance of an Aggressive Defense

Every criminal charge should be taken seriously. The crimes covered under Prop 3 are felonies, and the potential penalties levied after a conviction are severe. Anyone facing charges of this kind needs a strong and experienced criminal defense attorney.

At Lee & Wood, GP, our Texas defense lawyers have the skill to defend clients facing even the most serious criminal charges. The sooner you talk to an attorney, the better your chances are of preserving your rights. Call 817-678-6771 or contact us online to schedule a consultation.

 

Link to “Pretrial Detention: When Can You Go Home While Waiting for Trial?” when published.

Pretrial Detention: When Can You Go Home While Waiting for Trial?

Criminal Defense

In America, we are innocent until proven guilty. The burden of proof is on the prosecution, meaning they are responsible for establishing someone’s guilt in a court of law.

But what happens before you can head to that court? Once people are arrested, they’re often in jail, with no indication of when or if they’ll be released before trial.

A strong defense attorney is important for more than the trial. From the start, your attorney will keep you informed of the process and proceedings. More importantly, they’ll be able to fight for your right to await trial at home and to advocate for the presumption of innocence.

Innocent, but Not Free—What Is Pretrial Detention?

Pretrial detention refers to the period when a person is held in jail after being arrested but before their trial takes place.

In Texas, whether someone is detained or released before trial depends on several factors, including:

  • The severity of the charges
  • The person’s criminal history
  • The person’s criminal history

The last issue, that of “dangerousness,” can be controversial. In a way, it’s a punishment for nonexistent crimes—ones that person might commit in the future. A defendant can be kept behind bars because of the potential harm they might cause rather than because of acts they’ve actually committed.

Texas Trends in Bail Reform

Texas has seen growing debate around pretrial detention and bail reform. In June, the Governor signed a bail reform package intended to keep more people behind bars while awaiting trial.

These policies have obvious appeal from the perspective of crime victims. Unfortunately, the opposite side is rarely considered. What is the cost to an innocent person who is kept behind bars for months or years before getting the chance to demonstrate their innocence?

The Role of Bail

In most cases, Texas law allows for bail, which is a financial guarantee that the accused will return for court proceedings. Once someone has posted bail, they can then be released from jail, with the assumption that they will be in court when needed.

Bail can be paid in cash, through a bond company or, in some cases, waived entirely.

Judges have discretion in setting bail amounts and conditions. For minor offenses, bail may be set quickly and affordably. For more serious charges, bail may be higher or denied altogether.

If you’ve been arrested, a good defense attorney can fight for your right to have a reasonable bail amount set.

When Is Pretrial Detention Mandatory?

Texas law permits judges to deny bail in certain circumstances. For example:

  • If the accused is charged with a capital offense and the evidence is compelling
  • If the person has violated bail conditions in a previous case
  • If the accused is considered a threat to public safety

In these cases, the court may order you to remain in custody until trial. Still, until that happens, your lawyer can argue that the judge should consider bail.

Get Experienced Texas Criminal Defense Representation

Pretrial detention in Texas is not automatic. Many people are eligible for release while awaiting trial. Understanding the law and having strong legal support can mean the difference between awaiting trial behind bars or in your own home.

If you’ve been accused of a crime, don’t wait. Reach out to the Texas criminal defense attorneys at Lee & Wood, GP, today. Call 817-678-6771 or contact us online.

What Is Resisting Arrest in Texas?

Criminal Defense

Let’s say you’ve been arrested on a minor criminal charge. You were annoyed, the officer was a bit rough and you pulled your arm away. Now, the officer has used that to include a charge of resisting arrest.

How serious is a charge like this in Texas? And is this something you can defend against?

Resisting or evading arrest can be charged alone or in connection with other criminal accusations. If you’ve been charged with resisting or evading arrest, you need an experienced Texas defense attorney.

What Is Resisting Arrest?

Under Texas Penal Code § 38.03, resisting arrest occurs when a person intentionally and by force prevents or obstructs a peace officer (or someone under their direction) from:

  • Making an arrest
  • Performing a search
  • Transporting someone

It’s important to note that force is the key element, and what constitutes force can be a matter of the officer’s opinion. Even relatively minimal resistance, like pulling away when something hurts you, can be interpreted as resisting.

What surprises many people is that you can be charged with resisting arrest even if the arrest itself was unlawful. The law does not allow individuals to resist, even if they believe the officer is acting improperly. Instead, the legal system expects disputes to be resolved in court, not on the street.

Potential Penalties of Resisting Arrest in Texas

Resisting arrest can be either a misdemeanor or felony. It’s most commonly charged as a Class A misdemeanor. This means a conviction can be punished by up to one year in jail and a fine of as much as $4,000.

If a deadly weapon is used during the resistance, however, the charge escalates to a third-degree felony. Conviction could mean 2 to 10 years in prison and a fine of up to $10,000.

Beyond the legal penalties, a criminal conviction can have long-term consequences. It can affect your employment, housing and even child custody cases. That’s why it’s critical to take these charges seriously and seek experienced legal counsel.

Common Defenses

There are several ways your defense team may defend against charges of resisting arrest. Issues lawyers sometimes use in defense include:

  • Lack of intent: The prosecution must prove that the resistance was intentional. If the accused was confused, panicked or reacting instinctively, that may undermine the intent element.
  • No use of force: If the accused did not use force—for example, raising only verbal objections or offering passive resistance—this may not meet the legal definition of resisting.
  • Self-defense: If the officer used excessive force, and the accused responded in a reasonable manner to protect themselves, this may be a valid defense.
  • Lack of evidence: As with any criminal charge, the burden is on the prosecution to prove guilt beyond a reasonable doubt.

Contact an Experienced Texas Defense Lawyer Today

At Lee & Wood, GP, our attorneys have the experience and grit to protect your rights when facing any criminal charge in Texas. Contact us online or call 817-678-6771 to get started.

Public Intoxication in Law and in Practice

Criminal Attorney, Criminal Defense, Defense attorney, DWI, Public Intoxication

It’s not unusual for someone charged with public intoxication to be confused about why the police got involved. Few, if any, Texas criminal laws are as broadly written as the law against public intoxication. Believe it or not, virtually anyone who’s had any alcohol at all could potentially be charged and suffer severe consequences.

What the Texas Public Intoxication Law Says

As with any criminal charge, it’s a good idea to speak to an experienced defense attorney to understand how the law applies to your case. A general understanding is helpful, but it’s no substitute for knowledgeable legal counsel.

Texas law has a simple definition for public intoxication. If you appear in a public place while intoxicated to the degree that you may endanger yourself or someone else, you could be arrested and found guilty of public intoxication. The issues with this law are grounded in the specifics.

The Definition of Intoxicated

The definition of intoxicated for the purposes of this law is “not having the normal use of mental or physical faculties by reason of the introduction of alcohol” or other drugs. Combinations of drugs or both drugs and alcohol are also included.

It can also mean having an alcohol concentration of 0.08 or more. However, it’s important to understand that you don’t have to be over the legal limit to be found guilty of public intoxication. Police can claim that your behavior indicated intoxication. They don’t have to test your blood alcohol content to support this charge.

What Being “A Danger” Entails

The law does require evidence that you were a danger to yourself or others.

Without a strong defense, making the case that you were a danger may be simple for a determined prosecutor. You could trip over your own feet and find yourself accused of staggering into traffic. This may seem far-fetched, but there are many innocent situations that have been the basis of public intoxication charges.

How Public Intoxication Laws Are Used in Practice

It’s obviously not the case that everyone who’s had any alcohol will face public intoxication charges. It’s not hard to find an intoxicated pedestrian in almost any campus or hot spot on a Friday or Saturday night. So why do some people get arrested and others are left alone?

Some suggest that public intoxication arrests are used as a form of crowd control. If you get in the way of the police, they can arrest you for public intoxication with very little evidence. Others suggest that it’s used to arrest people who annoy law enforcement, or even as an excuse to check someone for more serious criminal issues.

Unfortunately, a criminal charge is an incredibly high price to pay for irritating a police officer. Though it’s a misdemeanor, it still appears on your criminal record and can interfere with your ability to get a job or find housing.

Get the Legal Protection You Need

If you’ve been accused of public intoxication, you need an attorney. Call Lee & Wood at 817-678-6771 or contact us online to discuss your case.

Navigating Your Underage Child’s DUI

DWI

The Texas criminal justice system takes an unusually harsh stance when it comes to underage crimes. Juvenile DUI cases are no exception.

We know you want to do everything possible to get help for your child and to see them get through this. If your child has been arrested for drunk driving, you need an experienced criminal defense attorney as soon as possible.

Zero Tolerance for Underage Drinking and Driving

In general, drivers who are of age must have a blood alcohol content (BAC) of 0.08 or higher to be convicted of driving drunk. That is not true for minors.

The Texas zero-tolerance law means any amount of alcohol is enough to support a juvenile DUI conviction. The legal limit for young drivers is 0.00.

Driver Age and BAC Can Affect The Penalties

While zero tolerance is the starting point, there is an additional consideration when it comes to the age of your child and their BAC.

Drivers between 18 and 20 who are pulled over for drinking and driving with a blood or breath alcohol concentration of 0.08 or higher face harsher penalties. This could be the difference between facing community service and facing jail time.

What Parents Can Do

Few people would like to be judged by the worst mistakes they made when they were young. Juvenile drinking and driving is a serious issue, but it shouldn’t dictate the rest of your child’s life. There are steps you can take as a parent to make the situation better. Here’s how to start:

  • Contact an experienced Texas criminal defense attorney. The attorney can help explain their rights and advocate for them through the legal proceedings.
  • Support your child through the stress and uncertainty of the legal process.
  • Help your child take accountability for the actions that led to this.
  • Seek help, including rehabilitation, substance abuse counseling or other recovery programs.

Obviously, you want your child to learn a lesson and to avoid similar situations in the future. But that does not mean you should let the system run its course. The best result is the one reached with a skilled and dedicated criminal defense attorney.

Related Legal Concerns

There may be legal implications surrounding how your child acquired the alcohol or drugs involved in their underage DUI case. Providing alcohol to someone underage is a serious offense. Depending on the circumstances, prosecutors can seek a substantial fine and up to one year in jail for the party responsible.

Call Lee & Wood for Serious Criminal Defense Representation

Speaking to a defense attorney as soon as possible after an arrest can make a tremendous difference. If your child has been arrested or charged with underage DUI, the time to act is now. Call Lee & Wood at 817-678-6771 or contact us online to get started on a strong defense for your child.

Texas Bans Cannabinoid Vapes: What You Need To Know

Drug Crime

In a move that’s already stirring controversy, Texas has passed a new law banning the sale of any vape products containing cannabinoids.

The ban covers cannabinoids that are otherwise legal under state law. This includes popular compounds like Delta-8 THC and other hemp-derived cannabinoids. Many Texans have come to rely on these products for pain relief or anxiety or simply as a legal alternative to marijuana.

What Changed?

The new law, which took effect September 1, 2025, closes what lawmakers called a “loophole” in the state’s hemp laws. While marijuana remains illegal in Texas, hemp-derived cannabinoids were in a legal gray area. Products like Delta-8 were technically legal because they were derived from hemp and contained less than 0.3% Delta-9 THC, the psychoactive compound in marijuana.

But now, the state has drawn a hard line. Under the new legislation, any vape product containing cannabinoids is banned from sale in Texas. Retailers caught selling these products could face fines, license suspensions or even criminal charges.

Why This Matters

When an activity goes from legal to illegal, there are invariably people who are caught unaware. Fines and criminal charges are a serious matter, so it’s important to put up a strong defense if you’re facing charges.

The market for THC vapes was substantial. Veterans, cancer patients and people with chronic pain frequently turned to hemp-derived vapes as a legal and accessible form of relief. With medical marijuana still tightly restricted in Texas, we understand that these products filled a critical gap.

Thousands of businesses across the state moved to meet this demand. Since the ban, smoke shops, wellness stores and CBD retailers have had to pull products off their shelves. Those who miss, or misinterpret, the new law could face serious trouble.

Legal Confusion and Enforcement Questions

The law’s language is broad, which tends to cause problems as people try to adapt. The ban could also be described as the latest effort to eventually make all THC products illegal. Many Texas lawmakers have expressed the desire to end the legal market for these products.

As criminal statutes expand, more and more people can get caught up in the criminal justice system. This can even happen in circumstances that lawmakers didn’t intentionally include.

What Should You Do?

If you’re a consumer, check your products. If they contain any cannabinoids and are designed for vaping, they’re now illegal to sell in Texas. Possession is not yet expressly criminal, though it may be in time. You will also want to be sure not to cross state lines with any illegal substnace.

If you’re a retailer, talk to a lawyer. You may need to revise your inventory, update your compliance policies and prepare for inspections. If you’ve already encountered trouble, you need an experienced criminal defense attorney as soon as possible.

And if you’re confused, you’re not alone. Laws like this often move faster than the public can keep up. That’s why it’s critical to stay informed and to know your rights.

Get Legal Help Right Away

At Lee & Wood, GP, our Texas criminal defense attorneys have extensive experience in cases involving THC and cannabis. If you have been arrested or charged with this or another drug-related crime, call us at 817-678-6771 or contact us online.