By Graham Norris

The ground gives way beneath you in a single moment. A phone call, a knock on the door, and suddenly you are facing an assault accusation you know is completely false. The fear is immediate, but the anger and frustration at the injustice can be just as paralyzing.

In this crisis, remember that an accusation is not a conviction. The legal system, while daunting, provides a path to fight back, and your defense begins the moment you decide to challenge the narrative against you. Your reputation, your freedom, and your future are on the line. A false allegation doesn’t have to define you.

The First Step: Systematically Challenging the Accuser’s Evidence

A robust defense cannot be built on hope alone; it is constructed by deconstructing the case against you piece by piece. We begin with a meticulous review of all the evidence, operating on the principle that the initial investigation is not infallible.

• Secure and Scrutinize All Discovery: The first move is to obtain all the evidence through the legal process. We examine police reports and witness statements with a fine-tooth comb, looking for contradictions in the accuser’s story and failures by investigators. Knowing what the Texas Penal Code says about assault helps identify inconsistencies between the allegations and the actual legal elements required for a conviction.
• Demand and Analyze Video Evidence: We immediately work to secure any relevant video footage. This objective evidence is then compared directly to the official reports. Often, what is described in writing does not match the reality captured on video.
• Identify Procedural Errors and Rights Violations: Law enforcement must follow strict protocols. Part of our defense involves a thorough check of their work. If we find procedural missteps, we can file motions to have any resulting evidence thrown out.

Your Immediate Response: Critical First Steps to Protect Your Rights

In the shock of a false accusation, your initial actions are critical. Making the wrong move can unintentionally strengthen the case against you. If you’ve been accused of a crime, knowing what to do when you’ve been accused of a crime in Texas can help you avoid common mistakes.

• Exercise Your Right to Remain Silent. Politely decline to answer any questions from law enforcement without your attorney present.
• Do Not Discuss the Case with Anyone. Avoid explaining the situation to friends, family, or on social media.
• Preserve All Potential Evidence. Make a list of witnesses and any possible video sources. Save relevant text messages and emails.
• Do Not Contact the Accuser. Any direct or indirect contact can be seen as intimidation and will severely damage your case.

Building Your Defense: The Power of Humanization

In the face of a false accusation, the court must see you as more than just a name on a charging document. We fight this by proactively building a comprehensive, positive portrait of who you are.

• We gather compelling character references from employers, colleagues, and community leaders who can vouch for your integrity.
• We document your stable employment history and deep community ties to demonstrate a life of responsibility.
• In some cases, we may proactively have a client complete relevant counseling. This is a demonstration of your responsible character.

A Case Study: Securing a Dismissal by Proving a Lack of Intent

We once represented an individual wrongfully accused of a violent act. The situation arose from a severe medical episode and a prescription drug interaction, which caused our client to behave in a confused and uncharacteristic manner.

Our defense strategy focused on proving the complete absence of criminal intent. We gathered extensive documentation from medical experts and testimony from family members. This evidence painted a clear picture of a temporary medical crisis, not a criminal act.

Faced with an ironclad defense that dismantled their theory, the prosecution had no choice. They completely dismissed all charges, preserving our client’s clean record and restoring a reputation that had been wrongly tarnished. This outcome demonstrates the strategies outlined in our guide on how to get Texas assault bodily injury and family violence charges dismissed.

The Legal Game-Changer: Using Pre-Trial Motions to Suppress Evidence

Beyond challenging the facts, a sophisticated defense uses the law itself as a weapon. One of the most powerful tools available is the “motion to suppress.”

• What is a Motion to Suppress? This is a formal request we file with the judge, asking them to exclude key evidence from your trial because it was obtained illegally or in violation of your constitutional rights. The Texas Code of Criminal Procedure Article 38.23 provides the legal foundation for excluding illegally obtained evidence.
• How This Can Be a “Case Killer”: The impact of a successful motion can be case-ending. If the judge agrees that the initial stop or arrest was unlawful, then all evidence collected after that point can be thrown out. Prosecutors are often left with no viable case.

Secure Your Advocate and Begin Your Defense Today

Managing a false accusation requires more than just legal knowledge; it demands an advocate who fights for your version of the truth with unwavering determination. At Norris Legal Group, we build your defense on a foundation of Dignity, Trust, and Fight.

Our team’s dedicated approach has led to successful outcomes for our clients. We know how to craft a compelling defense that protects your freedom and restores your reputation. Don’t let a false accusation define your future. Contact us today for a confidential consultation to put an experienced, empathetic advocate in your corner.