When you’re facing assault charges in Texas, the evidence against you can seem overwhelming. Police reports, witness statements, and sometimes even video recordings can make it feel like the odds are stacked against you. However, experienced Fort Worth assault lawyers know that evidence isn’t always as solid as it appears.

At Norris Legal Group, we’ve successfully challenged evidence in numerous assault cases, helping our clients avoid convictions or secure reduced charges. This article explains the key strategies we use to scrutinize and contest evidence in assault and self-defense cases.

Identifying Procedural Errors

One of the most effective ways to challenge evidence is by identifying procedural errors made during the investigation. Law enforcement must follow specific protocols when collecting and handling evidence, and any deviation from these procedures can potentially invalidate the evidence.

Lawful Detention or Arrest

For evidence to be admissible in court, police must have had a legal reason to detain or arrest you in the first place. Without proper justification—such as reasonable suspicion for a detention or probable cause for an arrest—any evidence collected might be thrown out.

For example, if an officer stopped you without reasonable suspicion or arrested you without probable cause, we can file a motion to suppress all evidence obtained as a result of that unlawful stop or arrest. This legal principle, known as “fruit of the poisonous tree,” can be powerful in assault cases where the initial police contact might have been questionable.

Miranda Rights Violations

You’ve likely heard the familiar “You have the right to remain silent” speech from TV shows, but Miranda warnings are more than just a formality. If police questioned you while you were in custody without first reading your Miranda rights, any statements you made might be inadmissible in court.

Our legal team meticulously reviews police reports and interrogation records to identify any Miranda violations that could help your case. Even if only part of your statement was obtained improperly, we may be able to have that portion excluded from evidence.

Evidence Collection Protocols

Police must follow proper evidence collection procedures, from documenting the chain of custody to correctly preserving physical evidence. When these protocols aren’t followed, we can challenge the reliability and admissibility of the evidence.

In assault cases, this might involve questioning how photographs of injuries were taken, whether medical records were properly obtained, or if physical evidence was correctly documented and preserved.

Exposing Inaccuracies in Reports and Statements

Witness statements and police reports form the backbone of many assault cases, but they’re far from infallible. Our defense strategy often involves identifying inconsistencies and inaccuracies in these documents.

Witness Credibility

Witnesses can be mistaken, biased, or sometimes deliberately untruthful. Our attorneys investigate witnesses’ backgrounds, relationships to the parties involved, and potential motives that might affect their testimony.

We look for factors that might impact credibility, such as:

• Prior inconsistent statements
• History of dishonesty
• Personal relationships with the alleged victim
• Potential benefits from testifying against you
• Inability to clearly observe the incident due to lighting, distance, or other factors

Inconsistencies Between Statements

When multiple witnesses provide statements, inconsistencies almost always emerge. What might seem like minor discrepancies to an untrained eye can be significant points to highlight during cross-examination or in motions to the court.

Our team carefully compares all statements to identify contradictions in:

• The sequence of events
• What was said during the incident
• Who initiated physical contact
• The nature and extent of any physical contact
• The presence of weapons or threats

Motives to Fabricate

In many assault cases, particularly those involving family or domestic relationships, accusers might have motives to exaggerate or fabricate allegations. We thoroughly investigate these possibilities, looking for evidence of:

• Ongoing divorce or child custody disputes
• Financial motivations
• Revenge for perceived wrongs
• Jealousy or emotional reactions
• History of making false accusations

Analyzing Video Evidence

In today’s world, many incidents are captured on video, whether from security cameras, body cameras, or bystanders’ phones. While video evidence might seem definitive, it often tells only part of the story.

Contextual Analysis

Video footage rarely captures the entire incident from start to finish. Our attorneys analyze what happened before and after the recorded portion to provide proper context for your actions.

We examine:

• Events leading up to the physical confrontation
• Whether the footage shows who initiated the contact
• If there were threats or aggressive actions not captured on video
• What happened immediately after the recorded portion

Technical Assessment

Not all video evidence is of high quality. We assess technical aspects such as:

• Video resolution and clarity
• Lighting conditions
• Camera angle and perspective
• Whether the video has been edited or altered
• Audio quality and whether it synchronizes properly with the video

Comparing Video with Reports

One of the most effective strategies is comparing video evidence with written reports. Discrepancies between what officers or witnesses claim happened and what’s visible on video can dramatically weaken the prosecution’s case.

Real-World Success Stories

Our approach to challenging evidence has led to numerous favorable outcomes for our clients. Here are some examples from our case files:

Case Study: High-Profile Self-Defense Murder Trial

In 2023, Norris Legal Group founder Graham Norris represented Michael Miller in a high-profile murder trial. Miller was accused of shooting Aaron Howard. Graham argued that Miller acted in self-defense to protect his father from an aggressive attacker.

He emphasized the critical moments leading up to the incident and successfully demonstrated that Miller’s actions were justified. The jury acquitted Miller of all charges, highlighting how an experienced Texas assault/self-defense lawyer can shift the narrative and focus on self-defense.

Case Study: Family Violence Case Dismissed

In a recent assault case, our client Deonte was accused of misdemeanor assault family violence by his scorned ex-wife. With potential jail time and a permanent criminal record on the line, Graham gathered evidence including phone data that showed the ex-wife had fabricated the accusation. After proving what really happened, Graham got the case dismissed completely.

Case Study: Custodial Dispute Shooting

In another significant case, Graham defended Adan Zaragoza, who faced life in prison for murder after a shooting during a custodial dispute. Graham argued that Zaragoza acted in self-defense under Texas’s Castle Doctrine.

He successfully convinced the jury that Zaragoza’s actions were legally protected, resulting in only five years of probation on a lesser charge instead of a potential life sentence on a murder charge.

These case studies show how a lawyer’s expertise can make a significant difference in the outcome of your case.

The Importance of Acting Quickly

Challenging evidence effectively requires prompt action. Surveillance footage may be deleted, witnesses’ memories fade, and physical evidence can deteriorate. The sooner you contact an experienced Fort Worth assault lawyer, the better your chances of successfully contesting the evidence against you.

If you’re facing assault charges in Fort Worth or surrounding areas, contact Norris Legal Group today for a free consultation. Our experienced team will review your case, identify weaknesses in the evidence against you, and develop a strategic defense to protect your rights and freedom.

Your future shouldn’t be determined by flawed evidence. Let us help you challenge it effectively.