Category Archives: Self defense

Justifiable Acts or Vigilante Justice?

Self defense

Criminal law is not immune to societal trends. The public’s perception of crime can have a real impact on the people caught up in the criminal justice system. What looks like vigilante justice to one person can be seen as an act of self-defense to another. As much as people say it doesn’t, the circumstances around an alleged crime do matter.

The Relationship Between Anger and Justice

The purpose of the criminal justice system is not universally agreed upon. Some believe the goal is to punish people. Others believe the point is to protect the public from harm. Still others believe the purpose is to rehabilitate or correct the behavior of individuals who have run afoul of the law.

Anger can strongly influence how someone views justice. If your neighbor’s car is stolen, you likely feel sympathy. If your car is stolen, you might feel rage. The same crime can inspire wildly different feelings, depending on your perspective.

What Is Vigilante Justice?

Vigilantism isn’t a legal term. It refers to situations in which an individual or group takes it upon themselves to stop or punish someone they perceive to be a criminal. Importantly, the vigilante does not have the legal right to do so. When members of the public try to step in and behave like police officers, they’re engaging in vigilante justice.

The Inspiration for Vigilantism

The identity of an alleged victim is not meaningless. In a case of alleged vigilante justice, others may consider an act justified even if it fits the definition of a crime.

To be clear, there’s no legal justification for vigilantism. It’s not a defense to say that the justice system should have condemned the victim but didn’t.

The criminal justice system doesn’t always produce the results we want it to. In some cases, innocent people are tried and convicted. In other cases, people who committed a crime are not punished. In almost all cases, the system moves much more slowly than the public would like.

Regardless of the circumstances, however, an act of vigilantism is not viewed kindly in the legal system.

Provocation and Sudden Passion

The term “vigilantism” is sometimes used to refer to a crime of passion. The Texas penal code does consider situations where a murder victim provokes their killer into the act of “sudden passion.”

If that provocation is serious enough, the person charged may be convicted of a second-degree felony rather than capital murder. In other words, the act isn’t justified, but the penalties will be slightly less than they would be without the provocation.

Typically, vigilante justice doesn’t fit the definition of sudden passion. Sudden passion is sudden. The provocation happens at the time of the killing, not before. Acts of vigilantism generally come long after the original provocation.

Crafting a Successful Defense

Building a good defense is a complicated process. It must take into account all the available facts.

If you are facing criminal allegations, you need experienced legal guidance as soon as possible. Contact our attorneys at Lee & Wood, LP to discuss your situation. Contact us online or call us at 817-678-6771.

Defending Yourself Against Assault Charges in Texas

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Self defense

Assault charges can feel overwhelming and confusing. The actions usually arise in the heat of the moment, often involving alcohol and adrenaline. But, it is possible to overcome assault charges, especially if you were acting to protect yourself or someone else.

Self-Defense As Your Defense

Acting in self-defense is the most common way to beat assault charges in Texas. Under Texas law, a person isn’t guilty of assault when he or she acted in self-protection that was reasonable at the time.

To prove to the court that you were acting in self-defense, you must show several things:

  • There was a threat of harm
  • You had a real fear of harm
  • You did not harm or provoke anyone before the threat occurred
  • There was no chance of avoiding the situation

To use self-defense as your defense, your lawyer must also show the court that the amount of force used was “reasonable.” That means that you used the minimum amount of force necessary to fend off the attack—not more.

Protecting Another Person or Property

Protecting another person or property is also a defense to assault charges in Texas. Just like the court understands why you would resort to violence to protect yourself, the court allows a defense for protecting someone you care about.

Further, Texas’s Castle Doctrine/Stand Your Ground law says that a person may use “reasonable force” when protecting their home or vehicle. The law gives you the right to stand your ground against a home invader instead of having to retreat.

Consent to the Assault

In certain situations, consent can also be used as a defense to assault charges. This is especially true in sexual assault cases where the court tries to discern he-said, she-said situations. The alleged victim may have consented or appeared to consent to the encounter, only to decide later that it was actually an assault. 

Can Assault Charges Be Dropped?

Assault charges can also be dropped if the prosecutor does not have enough evidence to pursue them. That’s one of the reasons that it’s important to hire a lawyer as quickly as possible, even before charges are formally filed. 

Your attorney can start advocating for you from day one. By acting early, they may even be able to get charges dropped or help the prosecutor see why charges should never be filed at all.

Get a Strong Defense to Assault Charges

If you have been accused of assault, call 817-678-6771  or send us a message for a confidential consultation with the Fort Worth lawyers at Lee and Wood, LP. It’s important to get legal help as soon as possible after an arrest so that your attorneys can take immediate action to protect your rights, reputation and freedom.