Physical altercations are chaotic, fast-moving, and often heavily influenced by adrenaline. When the police arrive, they frequently make an arrest based on a superficial assessment of the scene, leaving the person who was merely protecting themselves facing serious criminal charges. If you have been charged after a fight where you were forced to defend yourself, it is critical to consult an experienced assault defense attorney in Dallas who understands the complexities of Texas self-defense laws.
Understanding Self-Defense Laws
Texas law provides robust protections for individuals who use force to defend themselves, commonly referred to as “Stand Your Ground” laws. Under Texas Penal Code Section 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 themselves against the other’s use or attempted use of unlawful force [1]. Crucially, the statute explicitly states that a person who has a right to be present at the location where the force is used, who has not provoked the aggressor, and who is not engaged in criminal activity is not required to retreat before using force. This means that if you are lawfully in a public place, your home, your vehicle, or your workplace, you do not have a legal duty to run away before defending yourself.
Self-Defense as an Affirmative Defense
However, self-defense is not a blanket immunity; it is an affirmative defense. This means that at trial, your defense team must present evidence demonstrating that your actions met the legal requirements for self-defense. The law requires that the force used be proportional to the threat. For example, you generally cannot use deadly force in response to a simple physical push. The use of deadly force is governed by a higher standard and is only justified if you reasonably believe it is immediately necessary to protect yourself against the other’s use or attempted use of deadly force, or to prevent the imminent commission of specific severe crimes such as aggravated kidnapping, murder, sexual assault, or robbery.
The Role of an Experienced Defense Attorney
Building a successful self-defense case requires immediate and thorough investigation. As we detailed in our guide on what prosecutors must prove in aggravated assault cases, the prosecution will attempt to control the narrative by relying heavily on the initial police report and the statements of the alleged “victim.” A skilled defense attorney will work to dismantle that narrative by gathering independent evidence. This includes securing surveillance footage before it is deleted, identifying and interviewing unbiased witnesses, and analyzing the physical evidence to demonstrate who the true aggressor was. We often find that police investigations fail to document the full context of an altercation, including prior threats or the aggressive behavior of the complaining witness.
If you acted in self-defense, you should not be treated like a criminal. Presenting a clear, evidence-backed self-defense argument can lead to a grand jury “no-bill,” a dismissal of charges, or a “Not Guilty” verdict at trial.
Contact Us Today
When your freedom is on the line, you need a defense team that knows how to effectively present a self-defense claim to prosecutors and juries. Contact the former prosecutors at Lewis & Ashworth, PLLC today at 214-239-8007 or through our Contact Page for a free, confidential consultation.
References
[1]: https://codes.findlaw.com/tx/penal-code/penal-sect-9-31/ “FindLaw. “Texas Penal Code – PENAL § 9.31. Self-Defense.””