Austin Criminal Defense Lawyers

Brandishing a Weapon

Texas has many legal provisions that allow an individual to carry a weapon, including a firearm, with a permit. The idea behind allowing people to own and carry a weapon is that, should the need arise, they have the ability to defend themselves.

However, there are certain restrictions surrounding when you may display and use your weapon. Whenever you point any weapon at another person, you are brandishing a weapon. If you brandish a weapon, even in self-defense, you may find yourself facing assault charges.

Assault and Aggravated Assault

Assault is defined as the intentional act of threatening to injure a person. Brandishing a weapon falls firmly under the definition of assault. If a firearm or other deadly weapon is used, the charge is elevated to aggravated assault, a felony in Texas. Even if you were acting in self-defense by brandishing a firearm, you could still be at risk of being convicted for aggravated assault.

Pulling a firearm on someone without firing it suggests that the gun was not necessary and that you did not fear for your life, because if you had you would have pulled the trigger. Fighting an aggravated assault charge with the self-defense doctrine can therefore be a difficult argument to make in court.

The Burden of Proof for Self-Defense

In any criminal case, the prosecution's main goal is to show that a crime was committed. In this instance, the prosecution must simply show that a weapon was brandished, which qualifies as assault. Whenever a defendant chooses to argue self-defense in a case, the burden of proof falls on the defendant, not the prosecution.

This means that the defendant must prove that the need for self-defense justified the commission of assault. If the defendant cannot successfully argue that self-defense was necessary, s/he may be found guilty of assault or aggravated assault.

Because self-defense can be a difficult argument to make in an assault case, it is important to seek the advice and assistance of an experienced criminal defense attorney. A criminal attorney can gather all evidence relevant to your case to help you construct a strong defense to your assault charge.

Contact Us

If you are facing criminal charges for brandishing a weapon, you will likely face an aggressive prosecution in court. Don't enter the courtroom feeling unprepared to defend your case. For sound legal advice and assistance regarding your assault charges and criminal defense, contact Austin criminal lawyer Ian Inglis today at 512-472-1950.