When the Use of Force Is Justified Under Texas Law
Texas law recognizes that the use of force may be necessary to protect yourself, others, or your property under certain circumstances. If you are arrested for a crime but believe that you were acting in self-defense, you need a criminal defense attorney. An attorney can defend against the charges and fight for a reduction or dismissal of the case.
At Maverick Ray & Associates, we recognize that the use of force may be necessary at times. We fight for those wrongfully accused of a crime. Our lawyers will work diligently to show that you were acting in self-defense and protected under Texas law. If you are facing criminal charges for a crime that was an act of self-defense, contact our office at (281) 947-2007 for a free consultation.
When Is Force Justified?
According to Sec. 9.31 of the Texas Penal Code, a person may be justified in using force against another person when they reasonably believe that the force is necessary to protect themselves. If you reasonably believe that a person is going to hurt you, you may legally use force in self-defense.
To prove that the act was in self-defense, you will likely need to show that the threat of force was immediate and unprovoked. You will also need to prove that your use of force was unable to be avoided, proportional to the threat, and reasonable based on the circumstances.
What Is Considered Reasonable?
To justify self-defense, you must show that you had a reasonable belief that the person was going to use force.
Reasonable belief that the person was going to use force includes:
- The person was unlawfully and forcefully entering their home, vehicle, or place of employment (or was attempting to);
- The person was unlawfully and forcefully removing them from their home, vehicle, or place of employment (or was attempting to);
- They were committing (or attempting to commit) “aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.”
It is difficult to prove that you were acting in self-defense without the help of an attorney. A violent crime attorney can help gather evidence to show that the use of force was justified pursuant to the Texas Penal Code.
When Is Use of Force Not Justified
The use of force is not always justified. Claiming self-defense may not be enough to get your case reduced or dismissed. An attorney can help collect evidence and review police reports to determine whether you have a valid claim.
Use of force is not justified:
- In response to verbal provocation alone;
- To resist arrest or search, even if unlawful;
- If the initial use of force was consented to; or
- If the other person was provoked.
Regardless of the circumstances, if you are facing criminal charges in Texas, you need a tough lawyer who fights for the people. Do not risk your reputation or your freedom by trying to handle your case without an attorney.
Hiring a Texas Criminal Defense Lawyer
If you have been arrested for a crime but were acting in self-defense, contact our office at (281) 947-2007 for a free consultation. Let our trial lawyers help you understand your rights and fight the charges. Do not go it alone. Your freedom may be on the line. Call now to get started.