Defending Men Against Domestic Violence Charges in Collin County
October 21, 2010
By Paul Key on October 21, 2010 5:03 PM
I recently caught a news story about MTV's Teen Mom Amber Portwood assaulting her boyfriend. The story featured multiple clips of her slapping him and choking him. The boyfriend would just sit there and take it. Under Texas law, he would have been legally justified in using physical force to protect himself from her assaults. In other words, he could have legally assaulted her to stop her from illegally assaulting him. He was probably wiser not to, though, and here is why:
As a criminal defense attorney who defends men against allegations of assault in Collin County, I frequently hear about cases where a woman repeatedly attacks a man, and, when he does anything to defend himself (e.g., grab her by the arm, push her out of his way so he can leave, or, rarely, strike her), she calls the police and accuses him of assault.
These men are my clients, of course, because the police have arrested them, and the district attorney is prosecuting them. Yes, they told the police what happened. It frequently simply does not matter, however. Even in 2010, if the police respond and she says "He hit me," he is going to jail much more often than not, despite the fact that there is compelling evidence of self-defense. The good news is that juries frequently can see what law enforcement will not, and my clients are acquitted. The bad news, however, is that the cases have to be defended, which frequently means a costly jury trial.
Collin County juries often find it easy to acquit in these circumstances because women like Amber Portwood are not that rare. It is not to say that they are commonplace, but we all know someone like her. To be certain, there are a lot of bad guys out there, too, who abuse women without any justification, but I am not writing about those cases. I am writing about cases where law enforcement simply ignore the obvious evidence in front of them.
I have wondered why the police refuse to see what everyone else can. It is because of a culture of political correctness that has developed in response to a previous culture that ignored real cases of domestic violence against women. Perhaps it is also because the police are afraid that, despite what their common sense is telling them, this guy may be the one who is really going to do something bad and land the officer on the O'Reilly Factor for being the soft cop who let the bad guy get away.
It is as important as ever to stand up to these accusations and fight them. Thankfully, we still have a jury system in Collin County where political correctness is replaced with common sense, and men who defend themselves against allegations of assault are acquitted.