Justification
In Texas, one defense to prosecution for a crime is known as justification. Under Chapter 9 of the Texas Penal Code, if an action is justified under the code, it excludes criminal responsibility. One such justification defense is known as “Self Defense.“
Under Texas law, a person may use force, including deadly force, to defend themselves or others from an imminent threat of unlawful force. The circumstances under which a person may use force in self-defense are outlined in the Texas Penal Code. The pertinent parts of the Texas Penal Code relating specifically to self defense is Section 9.31.
Use of Force to Protect Oneself
A person may use force to protect themselves from the use or attempted use of unlawful force. The force used must be reasonable and proportionate to the threat faced by the individual.
Use of Force to Protect Others
A person may use force to protect another person from the use or attempted use of unlawful force. The individual using force must have a reasonable belief that the third person is in imminent danger of bodily harm, and the force used must be reasonable and proportionate to the threat faced by the third person.
Castle Doctrine
Under the Castle Doctrine, a person may use deadly force to protect themselves or others inside their own home, place of business, or vehicle. The individual must have a reasonable belief that the use of deadly force is necessary to protect themselves or others from an intruder who is committing or attempting to commit a violent felony, such as burglary or robbery.
Stand Your Ground
In Texas, the “Stand Your Ground” law allows a person to use deadly force to defend themselves or others without a duty to retreat if they are in a place where they have a legal right to be. The individual must have a reasonable belief that the use of deadly force is immediately necessary to protect themselves or others from an imminent threat of bodily harm or death.
The use of force in self-defense is not unlimited. The individual must have a reasonable belief that the use of force is immediately necessary to protect themselves or others from an imminent threat of bodily harm or death. The force used must also be reasonable and proportionate to the threat faced. If the force used is excessive, the individual could face criminal charges.
Texas law does not require individuals to retreat if possible before using deadly force. This: the duty to retreat does not apply if the individual is in their home, place of business, or vehicle, or if they reasonably believe that retreating would put them or others in greater danger.
DEADLY FORCE IN DEFENSE OF PERSON
Under Texas law, the use of deadly force is permissible to protect oneself or a third person from imminent harm, but only under certain circumstances. Deadly force in defense of person can be found under Section 9.32 of the Texas Penal Code.
The following are the conditions that must be met in order to use deadly force in self-defense:
- Imminent Threat: The person must reasonably believe that there is an imminent threat of bodily harm or death to themselves or another person. The threat must be immediate, and there must be no reasonable way to avoid the danger.
- Reasonable Belief: The person must have a reasonable belief that the use of deadly force is necessary to protect themselves or another person from the threat.
- Proportionality: The use of deadly force must be proportional to the threat faced. The force used should not exceed what is necessary to protect oneself or another person from the imminent threat.
- No Provocation: The person using deadly force must not have provoked the other person into using force.
- No Criminal Activity: The person using deadly force must not be engaged in any criminal activity at the time of the incident (anything more serious than a Class C offense related to traffic regulation).
- Place of Protection: The person using deadly force must have been in a place where they had a right to be.
Do you have to wait until you are attacked to use deadly force in self defense?
NO. Texas law does not require a person to wait until they are actually physically attacked before using deadly force in self-defense. The person only needs to reasonably believe that there is an imminent threat of bodily harm or death to themselves or another person. However, it is crucial that the person’s belief be reasonable under the circumstances, and that the use of deadly force be proportional to the threat faced.
If these conditions are met, then deadly force may be used to protect oneself or another person from harm under Texas law. However, if any of the above conditions are not met, the use of deadly force may be considered excessive and could result in criminal charges.
Presenting a claim of self defense can be complicated by inflamatory facts and circumstances. LeGrande Law cares about your situation and will help you present justification defenses in your case.
If you are looking for a Houston criminal defense lawyer to defend your rights, and fight on your behalf, in the court of law, contact Tristan LeGrande as soon as possible.