By Graham Norris

The walls of your home are supposed to be a shield, a private space where conflicts are family business. But when a heated argument crosses a line into a physical struggle, that shield can shatter instantly. The arrival of police cars shifts the dynamic entirely.

A common misconception is that a “mutual fight” behind closed doors is a private matter. Under Texas law, this is rarely the case. Once law enforcement is involved, what you considered a mutual scuffle can be interpreted as a criminal assault, carrying serious penalties, including the very real possibility of jail time. A knowledgeable Fort Worth assault attorney can help you challenge these charges and protect your rights when the stakes are this high.

From a Domestic Dispute to a Criminal Charge

When police are called to a home for a disturbance, their goal is to determine if a crime has occurred. The context of “home” does not provide legal immunity.

• What Texas Law Considers “Assault”: In Texas, you can be charged with assault for intentionally, knowingly, or recklessly causing bodily injury to another person. The threshold for “bodily injury” is low—even minor pain can meet the legal standard. For complete details about how these charges are defined and prosecuted, see what the Texas Penal Code says about assault.
• The Role of “Police Find Out”: The moment the police are notified, your private dispute becomes a criminal investigation. Officers will look for physical evidence and document any signs of injury to identify the “primary aggressor.”
• The Myth of the “Mutual Fight”: The legal system is not designed to handle such nuance easily. Prosecutors will typically charge the person they deem most responsible, meaning you could face assault charges even if you believed you were defending yourself. According to Texas Penal Code Section 22.01, the official assault statute, the law does not recognize “mutual combat” as a defense.

Critical First Steps: What to Do If the Police Are Called

The moments during and after a police response can determine the direction of your case. Taking the right steps can protect your rights. For comprehensive guidance, review what to do when you’ve been accused of a crime in Texas.

• Exercise Your Right to Remain Silent. Politely state that you will not answer questions without an attorney present.
• Do Not Resist Arrest. Comply calmly, even if you believe the arrest is unfair. Resisting will only lead to additional charges.
• Document Everything Once It’s Safe. As soon as you are able, write down your account of the event and take photos of any injuries.
• Avoid Any Contact with the Other Party. Do not call, text, or discuss the incident.
• Contact a Criminal Defense Attorney Immediately. This is the most critical step. An attorney can guide you on securing release and begin building your defense.

The Norris Legal Group Approach: Dignity and Defense in Dark Moments

We operate on a fundamental belief: every person, regardless of the situation they find themselves in, deserves to be treated with dignity and respect. Good people can find themselves in terrible circumstances.

Our passion is helping people manage these challenging times and working to put the incident behind them. We see you as a whole person, not just a case number. Facing charges from a domestic altercation can feel isolating, but you do not have to face it alone.

Building Your Defense: Challenging the “Fighting at Home” Case

An arrest is not a conviction. A robust defense requires a meticulous and proactive strategy aimed at challenging the prosecution’s case.

We conduct a detailed review of all discovery, including police reports and any available footage. We check the officers’ work for inconsistencies or failures to follow proper protocol.

If the police violated your constitutional rights, we can file a motion to suppress. According to the Texas Code of Criminal Procedure Article 38.23, evidence obtained in violation of constitutional protections must be excluded. A successful motion can exclude key evidence, which can severely weaken the prosecution’s entire case.

We believe in a dual-sided approach. While we attack the legal case, we also work to humanize you. This involves gathering character references and proof of employment. These proactive steps demonstrate responsibility and are part of the strategies outlined in how to get Texas assault bodily injury and family violence charges dismissed.

The Path Forward: Mitigation, Resolution, and Hope

The ultimate goal in any assault case is to achieve the best possible outcome for your specific situation. We explore every avenue to secure a future where this incident does not derail your life.

• Seeking a Complete Dismissal: If we can demonstrate a clear lack of criminal intent or prove that the investigation was flawed, we can push for the prosecution to drop all charges.
• Negotiating a Favorable Resolution: When the evidence is strong, the strategy shifts toward mitigation. We negotiate with prosecutors to reduce the severity of the charges to avoid jail time.
• Knowing the Timeline: For most misdemeanor assault cases in Texas, the state has a two-year statute of limitations to file formal charges. Having an attorney guide you from the beginning is critical.

Secure Your Advocate Today

The uncertainty that follows an assault charge can feel overwhelming, but the path forward does not have to be managed alone. At Norris Legal Group, we build your defense on a foundation of Dignity, Trust, and Fight.

With a proven track record of success, our team has the experience to protect your future. Don’t let a single incident define your life. Contact us today for a confidential consultation to discuss your case and learn how our experience can make a meaningful difference for you.