What Is the Self Defense Law in Texas

Self-defence is a common defence strategy in some criminal cases. Texas law states that a person is not guilty of a crime if they committed reasonable acts for self-protection at the time. They must support allegations of self-defence with evidence. After presenting sufficient evidence, the prosecutor in charge of the case will try to convince the court that you did not act in self-defense. However, the prosecutor must convince the court beyond doubt. The Texas Self-Defense Act also covers the defense of others. However, proving self-defense in court presents some challenges. Self-defence may be invoked in certain circumstances, including: In addition, under a part of Texas` Self-Defense Act known as “protection of life or health,” a person has the right (a) to use force (but not lethal force) to prevent someone from committing suicide or causing serious bodily harm, and (b) using force (including lethal force) against another person; when it is immediately necessary to save someone else`s life. The use of force is not allowed if you are not provoked verbally without violence, if you provoke the other party or if you yourself are about to commit criminal activity. Successful filing of the defense may exonerate the accused from responsibility for a violent crime. In Texas, self-defense is defined by Texas Penal Code 9.31. This article states: “Everyone has the right to use force against another person if and to the extent that the perpetrator has reasonable grounds to believe that force is immediately necessary to protect him from the unlawful use or attempted use of force by the other party.” After the verdict of George Zimmerman and Trayvon Martin, there was a lot of discussion about self-defense.

Unfortunately, many media reports were misleading, if not outright false. To be clear, here is the definition of self-defense under Texas law. The same law that applies to Waco or McLennan County or any other city and county in Texas. In Texas, you have the right to protect your property as an extension of self-defense. You can use force (including lethal force) to inhabit your home, workplace, office or vehicle. Remember that in these scenarios, an attack is only considered self-defense if the defense attorney did not provoke the person against whom the force was used and must not have been involved in criminal activity beyond a traffic violation. It is important to understand the exact meaning of these words. If you are charged with a violent crime where self-defence can be argued (e.g., assault, assault, domestic violence, or even murder or manslaughter), your case may depend on the interpretation of those words and your subsequent actions.

Many cases depend on the interpretation of what constitutes an appropriate force. Force, as long as it is appropriate at the time and proportionate to the threat, is permitted in self-defence. The amount of violence must not exceed the amount of violence used by the perpetrator. Excessive use of force is considered a crime in Texas. Matters of self-defence can be considered serious crimes. Again, it is important to understand the limits of what constitutes self-defense in Texas. Self-defense is defined in Texas Penal Code 9.31., which states: The Texas Castle Doctrine also states that the individual`s self-defense response is “appropriate” in response to serious crimes — e.g., aggravated kidnapping, sexual assault, aggravated sexual assault, murder, and robbery/robbery. Appropriate force is also “proportionate” under the Texas Self-Defense Act.

Force used in self-defence must be appropriate. It cannot be disproportionate to the threat of unlawful violence. Once the defence has been raised, the burden of proof shifts to the prosecutor. The prosecutor must satisfy the jury that the accused did not act in self-defence. This must be proven beyond a doubt.9 In some cases, lethal force in self-defense may be justified. Lethal force can even be used to defend property. An experienced criminal defense attorney will be able to assess your case and navigate a defense in each of these more unique situations. An aggressive criminal defense firm can make sure that the grand jury sees what really happened and that you only acted in self-defense. When presenting the grand jury, they can keep the charge as a crime, reduce it to a lesser offense, or not incriminate the case. The obvious goal would be for your defense attorney to get a non-bill from the grand jury. A non-bill is tantamount to dismissing your accusations.

This will remove your name! This is often successfully used as a defense against criminal charges in the state. But when does self-defense go beyond the mark and become a criminal act? If you are charged with a crime, the prosecution must prove “beyond a doubt” that you committed the crime. However, if you wish to use self-defense as a defense strategy, you and your legal counsel must demonstrate that you meet the legal standards of self-defense in Texas. That is, your use of force must have been both immediately necessary and reasonable. Reasonable usually means a proportionate response. People have the right to protect themselves, others, and their personal property such as their homes and cars. They have the right to protect their lawns at home and in the office. As long as the threatened person does not provoke the abuser or commit a crime (other than a traffic offense), they have the right to defend themselves under Texas law. Persons who claim to have acted in self-defence must present evidence in support of their claim. Texas extends the rights of self-defense to the protection of property. People can use force, even lethal force, to protect their property. After receiving his J.D.

from the University of Houston Law Center, Jeff Hampton began practicing law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney`s Office — an experience he uses to anticipate and challenge arguments used against his clients. Throughout his career, he has helped countless Texans protect their rights and achieve the best possible outcome in their criminal cases. His skills have earned him recognition from National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Top Attorney in Criminal Defense, Top Attorney in DUI & DWI, 10/10 Superb Rating), and he is a Lead Counsel. If you are the subject of an investigation or charge of a firearms offense or other injury in or near Dallas, Texas, or anywhere in North Texas, contact MC Criminal Law attorneys. We are committed to providing highly personalized legal advice and representation to clients facing criminal and weapons charges of all kinds.