Aggravated Assault with a Deadly Weapon – Case Dismissed

Defense of a Third Person

Our client, a 25-year-old with no prior criminal history, was charged with Aggravated Assault with a Deadly Weapon after intervening to protect his mother from a violent, intoxicated man.

What Happened

Earlier that day, the mother called police seeking help to remove her ex-boyfriend from her home after he had been drinking heavily and threatened to pour gasoline on her and set her on fire. Despite his alarming history—including multiple prior convictions for violent offenses, protective order violations, and a recent DWI probation—the man was not arrested. Officers instead gave him a courtesy ride away from the home.

A few hours later, he returned, breaking in through a window and kicking down a locked bedroom door where the mother had retreated. When the family's small dog tried to protect her, the man struck the dog. As the mother tried to stop him, our client ran to help and struck the intruder several times with a metal pipe, stopping the attack.

Immediate Cooperation

Our client immediately called 911, flagged down officers, and fully cooperated with police. He explained that he acted only to protect his mother and their dog, using just enough force to stop the assault. Body camera footage captured the mother confirming her son's fear for her life in that moment. The intruder sustained minor head injuries requiring stitches but no lasting harm.

The Defense

Texas Defenders built a strong case under Texas Penal Code § 9.33 — Defense of a Third Person — showing that our client's actions were reasonable, justified, and necessary to prevent serious harm. We gathered:

• Body-cam evidence showing the mother's statements about the earlier death threat.

• Proof of the intruder's extensive history of violent crimes and protective orders.

• A sworn Affidavit of Non-Prosecution from the alleged victim confirming he did not wish to pursue charges.

Result

After presenting the facts and context to prosecutors, we argued that pursuing prosecution would be unjust. The District Attorney's Office dismissed the case in the interest of justice.

Outcome

Case dismissed before indictment.
This dismissal reflects that our client acted lawfully to defend his mother from a credible threat, and the evidence overwhelmingly supported a finding of justification.