VICTIM TESTIMONY IS SUFFICIENT EVIDENCE TO CONVICT A DEFENDANT OF ASSAULT IN TEXAS

Feb. 12, 2019

In Texas, the State must produce sufficient evidence of a crime to support a defendant’s conviction. If a defendant is convicted despite insufficient evidence, he or she may be able to have his or her conviction overturned. For some crimes, such as assault of a family member, a defendant can be convicted based solely on the victim’s testimony.

This was explained in a recent case in which a Texas appellate court upheld the defendant’s assault conviction, despite the fact that the only evidence of the assault was the victim’s testimony. If you are facing assault charges, you should meet with an experienced Texas criminal defense attorney as soon as possible to formulate a plan for your defense.

The Alleged Assault and Trial

Reportedly, the defendant was charged with assault causing bodily injury to a family member. During the trial, the defendant’s wife testified that she and the defendant were in a car when they began arguing. At one point, the defendant threatened to hit his wife. The defendant then pulled over and struck his wife. He began driving again but pulled over a second time and pulled his wife out of the car and threw her to the ground and kicked and hit her. The defendant then left the scene and the wife called 911. During the 911 call, she reported that she and her husband were arguing and the defendant hit her in the head. The wife also testified that she felt pain due to her injuries.

During the trial, the officer that investigated the assault testified that he did not find any witnesses to the assault and that the wife did not report any of the events she testified about, namely the kicking and punching, during his investigation. He further testified he did not observe any physical evidence of the wife’s injuries. The defense argued that the wife was not credible due to the inconsistencies in her testimony and what she stated during the 911 call and the officer’s investigation. The defendant was convicted, after which he appealed.

Evidence Needed to Show Assault Causing Bodily Injury to a Family Member

The defendant argued that the evidence was legally insufficient to support his conviction. The court noted that under Texas law, a person is guilty of assault causing an injury to a family member if he or she causes bodily injury to a person, recklessly, intentionally or knowingly. The court stated that visible evidence is not necessary to establish an injury and that a victim’s testimony that he or she felt pain is sufficient to show an injury. The court further explained that a victim’s testimony is sufficient in and of itself to support an assault conviction. Here, the court found there was sufficient evidence to uphold the defendant’s conviction. Specifically, the court noted the jury was presented photographs and testimony of the alleged assault and the wife’s injuries and was free to believe or reject the evidence. As such the court affirmed the defendant’s conviction.

Consult a Skilled Texas Criminal Defense Attorney

If you are facing assault charges, you should meet with a skilled Texas criminal defense attorney to discuss your case. Rick Davis is a proficient defense attorney who will vigorously advocate for your rights. You can reach Mr. Davis at (979) 701-2888 or via the online form to schedule a meeting.

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