Legal Question in Criminal Law in Texas

Doestic Assault Family Violence with Injury

I was involved in a domestic violence situation where I was arrested because the police felt that I could have left rather than take measures of disarming a person of pepper spray who admittedly started an argument and then pushed me; which I then pushed back. He then went after pepper spray which was located in his bedroom; in which case I followed him into the bedroom to disarm him of his pepper spray. I strongly felt that I was within my rights to defend myself since he had already threatened me with pepper spray before. It was also known that he had other weapons scattered about the house. So what is to say that he wouldn't have tried to continue assaulting me if I hadn't disarmed him. The way I see it he he provoked me and I reacted. When he realized he didn't have the upper hand he called the police.

The police have told me that pepper spray is used for defense, but I can show examples where pepper spray has been used as an offensive weapon such as in some bank robberies as well as in some taxicab robberies.


Asked on 1/20/08, 12:32 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Doestic Assault Family Violence with Injury

It is not likely that this case is going to 'go away'. Rather it sounds as if you will have to go trial to try to convince a judge or a jury of your position, and that your position is valid.

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Answered on 1/20/08, 8:57 am


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