Claiming Self-Defense in Texas: What You Need To Know

According to both Texas and federal law, self-defense is a legal right for all citizens. If someone physically attacks you or threatens to cause you bodily harm or kill you, then you are entitled to protect yourself. This means that, in certain situations, aggressive physical behavior that would normally constitute a crime may be deemed legal. For instance, if someone tries to fight you, you have the legal right to fight back. 

Though it is widely agreed upon that self-defense is justified in theory, it is much trickier to determine when the rule applies in practice. Sometimes, a self-defense claim is so convincing to police officers that the person who defended themselves is never charged with a crime. Other times, self-defense must be proven after an arrest, as a means to avoid a criminal conviction.

If you’ve been charged with a crime in Texas, such as an assault with a deadly weapon or family violence, and you believe you acted in self-defense, you may be wondering, how do I prove it? Is it possible?

The best way to answer that question is to speak with an experienced criminal defense lawyer in Austin. Chris Perri has successfully helped clients prove self-defense, including those facing murder charges in Travis County. It is also important to do your research. Below, our firm has pulled together key information about self-defense law. If you have further questions, contact Chris Perri Law for a free consultation.

 When does self-defense apply?

Self-defense is only legal in Texas if the following three conditions are met:

•  You believe the harm you’re facing is imminent. That means you cannot claim “self-defense” for assaulting someone who might hurt you in the future. Self-defense is only legal when you are in immediate danger.

• The fear of harm is reasonable. While obviously subjective, the word “reasonable” here means that most people would agree with your assessment of whether or not you are facing a genuine threat of imminent bodily injury or death.

• The response is reasonable to the threat. Generally speaking, any counterforce must reasonably match the initial threat. Again, this is subjective, but the question to ask yourself is: would most people agree that my self-defense response was fair, given the circumstances? For example, most people would agree it is NOT reasonable to draw a gun and shoot someone who has merely shoved you.

There are, however, times when weapons, such as firearms, may be legally used in self-defense. The law understands that situations exist where killing your aggressor is a “reasonable” response. Use of deadly force—homicide—is legally justified if used to prevent:

• Murder,

• Kidnapping,

• Sexual assault,

• Robbery, or

• Another use or attempted use of deadly force against you.

Use of deadly force is also considered a reasonable self-defense if the aggressor unlawfully and with force entered your home, car, or place of employment. In Texas, this is often referred to as the “Stand Your Ground Law” or “Castle Doctrine.” Remember, though, that you and your legal team will have to prove this -- which is why you need a strong trial attorney to help you.

Claiming Self-Defense: First Steps

If you or someone you love is facing state or federal criminal charges in the Austin area, the first step is to reach out to an experienced criminal defense lawyer, like Chris Perri. Claiming self-defense is not a magic wand that suddenly waves the criminal charges away. It is a complex legal argument that usually takes the best of lawyers to win, even when the case is compelling.

 Our award-winning firm can help determine if self-defense is the best strategy for your case. Rest assured, you’ll be in good hands, as Chris Perri has helped countless people win their criminal cases, including those charged with misdemeanors and felonies, such as:

• Murder,

• Assault,

• Aggravated assault,

• Family violence

• Domestic violence

• Threat or assault with a deadly weapon

• And more.

Chris Perri Can Help.

If you or someone you know is in trouble in Travis County, Hays County, Williamson County, Bastrop County, Burnet County, or anywhere in central Texas, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com for a FREE case consultation. No matter the situation, you deserve the best defense.