Whoever calls 911 first gets to be the victim — at least in the offense report. The body keeps a more honest record. Brian Foley, who prosecuted assault cases before defending them, explains what to look for in this video.
The complainant's hands
A person who has been punching someone has abrasions, swelling, or split skin across the knuckles — particularly the index and middle finger. A person who was only defending themselves usually does not. Officers photograph the complainant's face and arms. They rarely photograph the complainant's hands, because they are not looking for evidence against the complainant.
The defendant's forearms and hands
Defensive injuries — bruises and scratches on the outside of the forearms from blocking, cuts on the palms from grabbing a weapon, bite marks — are evidence that the accused was covering up, not attacking. Injuries on the accused's face and head are evidence that they were struck. Officers are supposed to photograph the arrested person's injuries; in practice, this is often skipped or done poorly at the jail hours later.
Injury location and pattern
Injuries to the back of the head or back suggest someone was hit while turning away. Grip bruises on the upper arms suggest someone was held. Scratches on a face are consistent with a person pushing an attacker away. A trained eye reads these patterns, and a medical expert can testify to them.
What the defense has to do — immediately
Photograph everything on the client's body in good light with a scale reference, the same day, and again as bruises develop over the next 72 hours. Get medical treatment so the injuries are documented by a professional. Preserve the clothing. Request the complainant's photographs and medical records in discovery, and ask specifically for photographs of the hands. Subpoena the jail intake photos.
Why it wins cases
Self-defense under § 9.31 is a defense the State must disprove beyond a reasonable doubt once it is raised. Physical evidence that the complainant was the aggressor raises it without the defendant having to testify — and makes the complainant's account very hard to believe. Brian Foley and Luis Baez know what the State looks for because they used to look for it. See our self-defense page or call or text (713) 703-1718.