Texas has some of the strongest self-defense laws in the country. A person is not guilty of a crime if their use of force was legally justified — and that justification can apply to everything from a simple assault allegation to a homicide.
When Force Is Justified
Under Texas Penal Code § 9.31, a person is justified in using force against another when and to the degree they reasonably believe the force is immediately necessary to protect against the other's use or attempted use of unlawful force.
When Deadly Force Is Justified
Under § 9.32, deadly force may be justified when a person reasonably believes it is immediately necessary to protect against another's use or attempted use of unlawful deadly force, or to prevent certain violent felonies such as aggravated kidnapping, murder, sexual assault, robbery, or aggravated robbery.
How Self-Defense Works in Court
Self-defense is a justification. Once it is raised by the evidence, the State must disprove it beyond a reasonable doubt. A strong defense develops the facts that show the client reasonably feared for their safety — the other person's actions and words, relative size, prior threats, and the speed of the encounter — and presents them through witnesses, video, and cross-examination.
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.