Texas law recognizes that people will step in to protect others from harm — and it provides a legal justification for doing so. Defense of a third person can apply when you used force to protect a family member, a friend, or even a stranger.
What the Law Requires
Under Texas Penal Code § 9.33, a person is justified in using force or deadly force to protect a third person if, under the circumstances as the actor reasonably believes them to be, the actor would be justified in protecting themselves, and the actor reasonably believes their intervention is immediately necessary to protect the third person.
A Reasonable Belief Is Enough
Importantly, the justification is judged by what the defender reasonably believed at the time. Even if it later turns out the situation was not exactly as it appeared, the defense can still apply if the belief was reasonable in the moment.
How the Defense Works
Like self-defense, this is a justification the State must disprove beyond a reasonable doubt once it is raised. A strong defense reconstructs what the client saw and reasonably believed — the apparent threat to the third person, the urgency, and the absence of any other safe option — using witnesses, video, and the physical evidence.
If you are facing charges in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.