Arguing Self-Defense in Texas Assault Cases

Under Texas law, defendants can avoid being unfairly convicted of assault and other violent crimes if they can prove that they were acting in self-defense. This is because state law recognizes a person’s inherent right to protect him or herself from physical harm. Unfortunately, the line between what qualifies as justifiable self-defense and criminal assault can be difficult to identify. This is where having an experienced legal representative on your side can make a significant impact on the outcome of your case, as a skilled defense attorney will be well-versed in state self-defense laws and how to navigate the legal system.

What is Self-Defense?

Under Texas law, when a person raises self-defense in a case, the legal burden will shift to the prosecutor, who will then need to disprove that claim beyond a reasonable doubt. This can be a significant advantage because it places a much heavier burden on the state. Defendants can claim self-defense if there is evidence that they were justified in using force against someone else because they reasonably believed that doing so was immediately necessary to protect themselves.

Elements to a Self-Defense Claim

When trying to establish that a defendant’s actions constituted legal self-defense, an attorney will need to establish the existence of specific circumstances in a particular case, including:

• A reasonable belief of imminent danger, which is more than just an anticipation of future harm; and
• A response that is proportional to the threat faced by the defendant, meaning that a person can’t use deadly force against a minimal threat.

Texas law states that there is no duty to retreat if someone unlawfully enters a person’s home, car, or workplace. In these cases, it is legal for a defendant to use force without needing to first attempt a retreat. Even when outside one’s home, Texas law protects a person’s right to self-defense if he or she was legally present in the location, didn’t provoke a confrontation, and wasn’t engaged in criminal activity. When prosecutors can prove that these elements exist in a particular case, they could help a defendant avoid conviction.

Proof of Self-Defense  

When attempting to prove a self-defense claim, a defendant will need to produce multiple forms of evidence, including:

• Surveillance footage of the incident;
• Eyewitness testimony;
• Medical records and photographs documenting the injuries sustained; and
• Text messages or other digital communication of threats.

This kind of evidence can all be used to establish the reasonableness of a defendant’s belief that using force was necessary in a particular case and that his or her response was proportional to the threat being faced. There may even be proof that a defendant tried to deescalate the situation or avoid the confrontation entirely.

Contact The Law Offices of David C. Hardaway 

Claiming self-defense requires a nuanced understanding of Texas law, as well as the strategic evaluation and presentation of evidence to demonstrate a defendant’s justifiable actions. Please call 512-805-6613 to have an experienced San Marcos and Hays County, Texas violent crimes defense lawyer evaluate the circumstances of your case and identify any weaknesses in  your claim.

Source: 

statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#9.21