Defenses

DEFENSES UNDER TEXAS LAW

• Self-defense: A person may use reasonable force, including deadly force, to protect themselves or others from imminent harm.
• Defense of property: A person may use reasonable force, including deadly force, to protect their property from theft or damage.
• Affirmative links: The connection to an object found in someone’s possession. For example, affirmative links connecting the passenger in a car to contraband found within the vehicle.
• Illegal Search and Seizure: The 4th amendment to the constitution protects citizens against unreasonable search and seizure. That means a warrant, or a narrowly construed exception to the warrant requirement.
• Consent: A person cannot be charged with a crime if the alleged victim consented to the conduct in question.
• Alibi: A person may argue that they were somewhere else when the crime was committed. Therefore they could not have committed the crime.
• Mistake of fact: A person may argue mistake of fact, such as the ownership of property. Therefore they did not have the intent to commit a crime.
• Duress: A person forced to commit the crime under threat of harm to themselves or others.
• Intoxication: Arguing intoxication at the time of the crime. Therefore they did not have the intent to commit the crime.
• Insanity: Arguing someone was not insane at the time of the crime. Therefore they did not have the mental capacity to understand the nature of their actions.
• Entrapment: A person may argue that they were induced or encouraged by law enforcement to commit the crime.