Articles Posted in Violent Crimes

In a recent opinion from a Texas court involving charges of domestic violence, the defendant’s request for a new verdict was denied. The defendant was found guilty of the second-degree felony offense of family violence assault by impeding the normal breathing of his girlfriend, as well as the third-degree felony offense of family violence. At trial, the prosecution argued that the defendant kept his girlfriend from being able to appear and testify in court. On appeal, the defendant said that this information was false and that he did not keep his girlfriend from coming to trial. The court disagreed and affirmed the guilty verdict.

The Facts of the Case

According to the opinion, police officers went to the defendant’s home after a neighbor called 911 to report domestic violence. Upon arrival, the officers knocked on the defendant’s door; the defendant, who was sweeping up glass from the living room floor, said that he and his girlfriend were “just getting into it.” The defendant’s girlfriend, on the other hand, reported to the officers that she and her boyfriend had argued and he had assaulted her. According to the defendant’s girlfriend, the defendant had punched her in the stomach and struck her with a broom ten times on the shoulders. When she ran outside, the defendant hit her in the head and pulled her into the house by her hair. At the end of the incident, she had red marks on her throat, bruising on her left arm, and a broken blood vessel in her eye.

Leading up to trial, investigators repeatedly tried to serve the defendant’s girlfriend with papers saying she had to appear in court. When they tried to deliver the papers, the defendant claimed that he and his girlfriend were no longer a couple and that he could not do anything to help the investigators locate her. Later, the investigators learned that the defendant and his girlfriend were still, in fact, together, despite what the defendant had claimed when the investigators asked for his help.

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Self-defense is one of the oldest and most sacred defenses in all of criminal law. While self-defense applies in a variety of situations, it is also one of the most misunderstood defenses. One particular area of self-defense that is especially important to understand is the “Castle Doctrine.”

The Castle Doctrine is a very old legal concept that is based on the idea that a person’s home is their castle, and they should be able to defend against intruders without fear of violating the law themselves. It is also referred to as the Stand Your Ground law. Texas has a very broad Castle Doctrine that provides ample protection to those defending their homes.

Essentially, the Castle Doctrine makes legal conduct that would otherwise be considered illegal, provided the elements of the doctrine are met. Specifically, the Castle Doctrine allows you to use force you reasonably believe to be necessary to stop another person from trespassing on your property or, in some cases, taking your property. The most protection is afforded to those who are in their home at the time; however, the Castle Doctrine also applies to vehicles.

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