Self-Defense & Texas Law: Things To Know

In Texas, self-defense isn’t just a legal defense; it’s a cultural tenet. As far as the law is concerned, it’s your right to defend yourself. Texas Penal Code, Chapter 9 defines and affirms the right of Texans to protect themselves, their property, and others.

The statutes, mirroring the spirit of both the Constitution of the United States and the Texas Constitution, unequivocally uphold an individual’s right to personal safety and security.

The Castle Doctrine

Your Home, Your Fortress

In Texas, your home is your castle. You have the right to protect it.

Under Section 9.41 of the Texas Penal Code, you’re entitled to use force, including deadly force, to protect your home, vehicle, or place of business from intrusion and/or theft.

Understanding Reasonable Force

Defending yourself is one thing, but how is reasonable force defined in the Texas legal code?

In essence, reasonable force means that the level of force used must not exceed what the person reasonably believes is necessary to eliminate the danger. This definition is often subjective. In these types of situations, an experienced attorney, such as Attorneys Tad Nelson & Amber Spurlock, can offer critical guidance and much-needed legal representation.

If you were arrested for assaulting someone, and you feel that your actions were an act of self-defense, we’re interested in hearing from you. Contact Attorneys Tad Nelson & Amber Spurlock today at 713-802-1631.

There’s no duty to retreat in Texas

Some states require victims to avoid conflict when possible. These are known as “duty to retreat” states. Texas stands behind its citizen’s right to defend themselves as it is a ‘Stand Your Ground’ state.

This is outlined in Section 9.31 of the Texas Penal Code.

In Texas, if you’re in a place where you have the right to be, you’re under no obligation to retreat before using force in self-defense.

When Self-Defense Doesn’t Apply

Self-defense is not a carte blanche right to assault. There are limitations.

For instance, if you provoked the other party or were engaged in criminal activity at the time, a self-defense argument may not hold up in court.

If you’re in a situation where your justification for self-defense is questionable, skilled criminal defense representation is going to be very important.

Protecting Others

Defense of a Third Person

Texas law extends the right of self-defense to the defense of others.

Per Section 9.33 of the Texas Penal Code, you’re totally justified to use force or deadly force to protect a third person so long as you reasonably believe that intervention is necessary to protect that person.

The Judicial Aftermath

When the Smoke Clears

Defending yourself can sometimes lead to criminal charges. If this happens, it’s a critical juncture where the counsel of a seasoned criminal defense lawyer can make the difference between staying free or taking an extended vacation in a Texas correctional facility.

Your Attorneys For Self-Defense Cases

Following a self-defense incident, hiring a seasoned criminal defense lawyer is going to be a priority. Attorneys Tad Nelson & Amber Spurlock have a reputation for working tirelessly to assert and defend people in need of legal services.

Our objective?

As your legal counsel, it’s our job to meticulously dissect the circumstances surrounding the incident. Our defense strategy and priority will be to align the facts with the legal protection provided by your right to self-defense.