Houston, TX Self-Defense Lawyer

Understanding Self-Defense Laws in Texas

In Texas, you have the right to use force to defend yourself from harm. If you have been arrested for a violent crime but were simply acting in your own defense, it is important to speak with an attorney as soon as possible. Contact the Houston criminal defense attorneys at Murphy & McKinney Law Firm, P.C. to learn about how we can help protect your future if you have been charged with a crime but were only acting in self-defense.

Affirmative Defenses

Self-defense is what is known as an affirmative defense. This means that you admit to engaging in some generally unacceptable behavior but argue that your actions were justified, given the circumstances. So, when you argue self-defense, you admit to using force against another person but argue that the use of force was necessary to protect yourself from imminent harm.

Self-Defense in Texas

Texas law provides you with the right to act in self-defense. Self-defense essentially means using force that would, under other circumstances, be considered unlawful. Texas Penal Code § 9.31 states that the use of force against another person is justified when you "reasonably believe the force is immediately necessary to protect [yourself] against the other's use or attempted use of unlawful force."

The use of force is only permissible if you reasonably believe that another person is about to harm or attempt to harm you. The use of force may also be justified if you have reason to believe that another person is committing, or about to commit, a forcible crime.

Reasonable Belief Force Is Necessary

What makes you believe that the use of force is necessary to protect yourself? When will your suspicion that you are in danger be sufficient to support an argument of self-defense? Texas law explicitly states that you will be presumed to have had a reasonable belief if you used force against a person that you knew or had reason to believe was:

1. Unlawfully entering or attempting to enter your home, vehicle, or place of business.
2. Removing or attempting to remove you from your home, vehicle, or place of employment.
3. Committing or attempting to commit any of the following crimes:
   • Aggravated kidnapping
   • Murder
   • Sexual assault
   • Aggravated sexual assault
   • Robbery
   • Aggravated robbery

In Texas, if you did not provoke a violent situation and were not involved in criminal activity, it is presumed you had a reasonable belief that force was necessary.

Whether or not you had a reasonable belief that force was necessary is a question of fact that will ultimately be decided by the finder of fact (e.g., judge or jury). This decision will ultimately come down to a full assessment of all evidence, testimony, and information relevant to your case.

Force for Immediate Protection

The use of force is justified if you have a reasonable belief that it is "immediately necessary" for your protection. This means that the use of force must be necessary in that very moment to protect yourself from harm. You cannot justify the use of force to protect yourself from a threat that you believe will happen in the future or a threat that has happened in the past. The threat must be immediate and put you in harm's way.

Is There a Duty to Retreat in Texas?

Some states require you to retreat before resorting to the use of force in self-defense. Retreating simply means leaving or otherwise attempting to remove yourself from a dangerous situation. In Texas, there is no such requirement. The use of force is justified as long as you have a reasonable belief that it is necessary for immediate protection. In fact, a jury cannot even consider whether or not you had the opportunity to retreat when they are considering whether or not you acted in self-defense.

When Is The Use of Force Not Justified?

The use of force is only justified when you have a reasonable belief that such force is immediately necessary to protect yourself from harm. Texas law also explicitly outlines certain circumstances under which the use of force is not justified. An argument of self-defense will not be successful if you used force against another person:

1. In response to verbal provocation alone;
2. To resist a police officer during an unlawful search or arrest (unless the officer uses greater force than necessary before you resist);
3. If you consented to the force used by that other person;
4. If you provoked the violent situation (unless you abandon or clearly communicate your intent to abandon the violent encounter); or
5. If you were carrying a weapon in violation of §46.02 or possessing or transporting a weapon in violation of §46.05.

What Degree of Force Is Acceptable in Texas?

Texas law provides you with the right to use force against another person when it is immediately necessary to protect yourself. What level of force is appropriate? In most situations, you must only use force "to the degree" that it is necessary to protect yourself. In other words, you must only use the level of force that is necessary to defend yourself from harm. For example: using deadly force to protect yourself from being punched in the face would not be considered an appropriate level of force. Rather, using your fists or body to thwart the assault and hit your attacker would likely be considered an appropriate use of force.

Can Deadly Force Be Used to Defend Yourself?

Can you use deadly force to protect yourself in Texas? In certain circumstances, the answer is yes. Under Texas Penal Code §9.32, deadly force may be justifiable if you had the right to use force (as defined in §9.31) and either of the following applies:

1. It is necessary to protect yourself (or another person) from another's use or attempted use of unlawful deadly force, or
2. It is necessary to prevent another person from committing one of the following crimes:
   • Aggravated kidnapping
   • Murder
   • Sexual assault
   • Aggravated sexual assault
   • Robbery, or
   • Aggravated robbery.

In order for the use of deadly force to be justifiable, you must have had a reasonable belief that the use of such force was immediately necessary for your protection.

Contact Our Harris County Criminal Defense Lawyer for Self-Defense

Have you been arrested for a violent crime in Houston? Were you simply defending yourself from another person's attack? You should not be punished for acting in your own self-defense. The Houston criminal defense attorneys at the Murphy & McKinney Law Firm, P.C. can help you beat criminal charges by arguing that you acted in self-defense.

When you hire us to handle your criminal defense, you can rest assured that your case is in good hands. We will thoroughly investigate your case, gather evidence that you acted in self-defense, and make it difficult for the state to build a persuasive case against you. Your future is on the line, so call us today at 713-229-8333 or contact us online to schedule a free consultation and learn more.