According to Section 9.31 of the Texas Penal Code, you’re legally allowed to use force against someone else if you reasonably believe it’s needed to protect yourself from the other person’s use of force or if he or she attempts to use illegal force. Proving self-defense can come with its set of challenges, and it can be claimed in certain circumstances. If a burglar breaks into your home and is holding a gun, you could be justified in shooting that person because he or she poses a serious threat to your well-being. While you technically killed someone, you would not go to jail if the killing was justified (which is often called a “criminal justification defense”).
What is Self-Defense?
Self-defense is defined as the use of force or violence to protect yourself or someone else from immediate harm. You must reasonably believe that you’re in immediate danger of death, bodily injury, or serious harm. While this definition may seem simple enough, it raises a lot of questions when it’s used in real life.
It’s a widely accepted belief that someone has the legal right to self-defense and the defense of others. It’s also true when the act of self-defense would normally be considered a crime. Every state allows you to make this claim as a legal defense if you’re accused of a violent crime (such as a murder charge), and the same is true for Federal criminal law.
In Texas, it’s listed as one of several “criminal justification defenses,” which also include the following:
- Deadly force in defense of a person.
- Defense of a third person.
- Protection of life and health.
- Defense of own property.
- Deadly force to protect property.
- Use of a device to protect property.
- Necessity.
- Acting out of public duty.
If your actions qualify as one of the justifications that makes you exempt from criminal responsibility, you may use it as an affirmative defense that will justify your actions. You’re not legally required to retreat before you’re justified in using force against another person if you have the right to be at that location, aren’t engaged in any criminal activity, and haven’t provoked the use of force. It can, however, be used to determine if the use of force was reasonably necessary.
Texas Law justifies the use of force if you’re using it to protect other people if you believe they are at risk of being harmed, especially if they’re not able to defend themselves or if their interference is critical in a life-or-death situation. The use of deadly force is justified if it’s being used to protect someone else, but your actions must be reasonable. Your use of force must also be proportionate and appropriate.
Texas considers the protection of property to be a legal extension of self-defense. So, you can use force (including deadly force) to protect your home, workplace, office, or vehicle. But Texas Law does require you to use “reasonable force” in these types of situations, so you must believe it to be a necessary response to someone else’s actions.
When is Self-Defense Not Justified?
You can’t justify the use of force by saying you did it in self-defense, and you can’t attack people who say they’re going to beat you up but keep walking. Punching someone because he or she made a verbal threat would not be considered self-defense, and the same is true for resisting arrest (unless the officer used more force than necessary).
Self-defense may not be an option if you consented to the exact force that was used or attempted. If someone volunteers to demonstrate a judo flip, he or she can’t punch the instructor after he or she has consented to the exact use of force. If you “provoke the use of force,” you can’t claim self-defense. But if someone else provoked the use of force before abandoning the encounter, you might be able to use self-defense to justify any continued attack.
What is the Burden of Proof for Self-Defense in Texas?
You must be able to back up any self-defense claims with evidence because the prosecutor will persuade the court that the opposite is true, but he or she must be able to prove it beyond a reasonable doubt. It’s an accepted standard of proof that means the evidence in the case and their supporting arguments establish the guilt of a particular person.
If you’re looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to reach out to Gale Law Group.