In Texas, the law recognizes that individuals have the right to defend themselves, their families, and their property from threats of harm. But what exactly does that mean in practice, and when can using force be legally justified?
At Peek Law Group, our experienced San Antonio criminal defense attorneys often represent clients facing serious charges after they have defended themselves in what they believed was a threatening situation. Understanding Texas’s self-defense and Stand Your Ground laws is crucial to knowing your rights and protecting yourself legally in the event of an unexpected situation.
What Is Self-Defense Under Texas Law?
Texas Penal Code §9.31 outlines the basic principles of self-defense. In general, the law allows individuals to use force—sometimes even deadly force—if they reasonably believe it is immediately necessary to protect themselves against another person’s unlawful force.
Importantly, the keyword here is “reasonable.” The person claiming self-defense must demonstrate that:
- They had a reasonable belief that force was necessary.
- The threat was imminent or ongoing.
- The response was proportionate to the threat.
Self-defense is not a free pass to escalate violence or settle personal disputes. Texas law only protects those who acted in good faith under a genuine belief of danger.
What Does “Stand Your Ground” Mean in Texas?
Texas is a Stand Your Ground state, which means you do not have a legal duty to retreat before using force in self-defense, as long as you have a legal right to be in the place where the incident occurred.
In 2007, the Texas Legislature passed what’s known as the “Castle Doctrine” and expanded it to include public places.
Under these laws, you can stand your ground and use force (including deadly force) if:
- You were not engaged in criminal activity,
- You were lawfully present in the location, and
- You reasonably believed the force was necessary to prevent harm, robbery, or another violent crime.
This protection applies whether the threat occurs in your home, vehicle, workplace, or another public location where you are lawfully present.
When Deadly Force May Be Justified
Texas law allows deadly force in limited circumstances, including when it’s used to:
- Protect against deadly force or serious bodily injury.
- Prevent a violent felony such as robbery, sexual assault, or kidnapping.
- Stop a home invasion or protect someone else under attack.
Again, justification hinges on the reasonableness of the belief and the immediacy of the threat. If the attacker was retreating or the threat had passed, using deadly force could result in criminal charges.
Why You Need a Criminal Defense Lawyer After a Self-Defense Incident
Even when someone believes they acted lawfully, police and prosecutors may still pursue charges, especially in cases involving serious injury or death. If you used force in self-defense, it’s vital to speak with an experienced attorney immediately.
At Peek Law Group, our Board Certified criminal defense attorneys in San Antonio know how to:
- Present evidence that supports your self-defense claim.
- Challenge the prosecution’s version of events.
- Protect your rights in and out of court.
- Pursue dismissal or acquittal when justified.
Call Our San Antonio Criminal Defense Attorneys Today
If you’ve been charged after defending yourself or a loved one, call Peek Law Group at (512) 474-4445 or complete our online form to schedule a confidential consultation. We’re ready to fight for your freedom and help you navigate Texas’s self-defense laws with strength and clarity.
