Attorney
If you’ve been charged with assault, aggravated assault, or even homicide in Texas, you may be wondering whether self-defense can apply to your situation. Under Texas law, you have the right to protect yourself—but proving that right in court isn’t always simple.
Let’s break down how self-defense works in Texas and what you need to show to use it successfully.
What Is Self-Defense Under Texas Law?
Self-defense is a legal justification, not a denial that the incident happened. In other words, you’re not saying, “I didn’t do it”—you’re saying, “I had the legal right to do it under the circumstances.”
Texas Penal Code § 9.31 gives you the right to use force when you reasonably believe it’s immediately necessary to protect yourself from someone else’s unlawful force.
This means:
- You must believe the force was necessary to protect yourself
- That belief must be reasonable
- The threat must be immediate or imminent
So if someone threatens or tries to hurt you, and you respond with force to protect yourself, that could qualify as self-defense—depending on the facts.
When Is Deadly Force Allowed?
Deadly force is held to a higher standard. Under Texas Penal Code § 9.32, you can only use deadly force (e.g., using a weapon or causing serious bodily injury) if:
- You were legally justified in using non-deadly force
- You reasonably believed deadly force was necessary to prevent death, serious injury, sexual assault, or another violent felony
In other words, deadly force can be legal—but only when the threat is severe and immediate.
The “Stand Your Ground” Law in Texas
Texas does not require you to retreat before using force, as long as:
- You were not engaged in criminal activity
- You had a legal right to be where you were
- You didn’t provoke the person you’re claiming to defend yourself against
This is often called the “stand your ground” law. It removes the duty to retreat in many situations, especially when you’re defending yourself at home, in your vehicle, or at your workplace.
How Do You Prove Self-Defense?
In most cases, once you raise the issue of self-defense, the burden shifts to the prosecution. They must prove beyond a reasonable doubt that your use of force was not justified.
But just raising the defense isn’t enough. You and your attorney will need to present evidence that supports your claim, such as:
- Your testimony – explaining what happened and why you acted the way you did
- Witness statements – from people who saw the incident or its aftermath
- Video footage – from cell phones, surveillance cameras, or dash cams
- Injuries or damage – to your body, clothing, or surroundings
- The alleged victim’s behavior – especially if they were armed or had a violent history
Prosecutors often try to frame self-defense cases as “he said, she said.” The stronger your evidence, the harder it becomes for them to disprove your version of events.
What Can Hurt a Self-Defense Claim?
There are also situations where self-defense may not apply, including:
- You were the aggressor – if you started the fight or escalated the situation
- You used more force than necessary – like pulling a gun in a minor verbal dispute
- You were committing a crime at the time – for example, during a burglary or drug deal
Texas law doesn’t protect people who provoke violence or break the law and then claim they had to defend themselves.
Why You Need a Criminal Defense Lawyer
Self-defense can be a powerful legal tool—but only if it’s used correctly and backed by evidence. Prosecutors may try to downplay your fear or argue that your reaction was unreasonable. That’s where we come in.
At Daniel Collins Law, we’ve spent more than 15 years defending people across Texas who were forced to make split-second decisions in frightening situations. We know how to build a strong defense, challenge weak evidence, and make sure your voice is heard in court.
Accused of Assault? Let’s Talk.
If you’re facing criminal charges and believe you acted in self-defense, don’t wait to get help. The sooner we start working on your case, the better your chances of avoiding a conviction. Call Daniel Collins Law today for a free consultation.