By Graham Norris

You acted to protect yourself or a loved one from harm. Now, instead of being seen as a victim, you are the one facing criminal assault charges. This jarring reality is a difficult legal situation many people find themselves in.

Texas law does recognize your right to self-defense, but successfully claiming this protection hinges on meeting a strict set of legal criteria. Managing this process alone is risky. Working with an experienced Fort Worth assault attorney who understands these criteria is essential—knowing what the law requires is the first step in building a powerful defense and reclaiming your story.

The Legal Foundation: What Texas Law Says About Self-Defense

In the eyes of the law, self-defense is an “affirmative defense.” This means you admit you took the action in question, but you argue it was legally justified to prevent harm to yourself. For comprehensive details about these protections, review what the Texas Penal Code says about self-defense.

• The Use of Force: You must have genuinely believed that force was immediately necessary to protect yourself against another person’s use of unlawful force.
• The “Reasonable Person” Standard: Your belief must be one that a reasonable and prudent person would have held in the exact same situation. According to Texas Penal Code Section 9.31, which governs self-defense, this standard is central to establishing justification.
• The “Stand Your Ground” Principle: In Texas, you generally have no duty to retreat from a threat if you have a legal right to be in that location.

The Five Pillars of a Successful Self-Defense Claim

To build a strong self-defense claim, you must be able to demonstrate several key elements.

1. You Faced an Immediate Threat: The danger you perceived couldn’t be a vague possibility. The law requires that the threat of harm was imminent, meaning it was about to happen right then.
2. Your Fear of Harm Was Objectively Reasonable: Your fear must be justifiable. Would a typical, reasonable person in your position have felt the same imminent fear of bodily injury?
3. The Force You Used Was Proportional: You cannot use a level of force that far exceeds the threat you face. Your defensive actions must reasonably match the level of the aggression directed at you.
4. You Were Not the Initial Aggressor: If you started the physical confrontation, you typically forfeit your right to claim self-defense. An exception exists if you clearly withdrew from the fight and the other person continued to attack.
5. You Had No Legal Duty to Retreat (Stand Your Ground):Y Texas’s “Stand Your Ground” law means you are not legally required to run away from a threat in your own home, your car, or your workplace. Learn more about Stand Your Ground and Castle Doctrine in Texas.

When Self-Defense Becomes Deadly Force: The Critical Difference

The rules change when the force used could cause death or serious bodily injury. Deadly force is not limited to firearms; it can include knives, blunt objects, or even fists in a context likely to cause severe harm.

You are legally justified in using deadly force only when you reasonably believe it is immediately necessary to prevent your own death, serious bodily injury, or to stop a violent felony. The threshold for using this level of force is significantly higher.

A key extension of this is Texas’s “Castle Doctrine,” which creates a legal presumption that using deadly force against someone who forcibly enters your home, vehicle, or workplace is reasonable.

The Burden of Proof: It’s Not What You Know, It’s What You Can Prove

Claiming self-defense effectively places the burden on you and your attorney to prove your actions were justified.

• Gathering and Presenting Evidence: A strong claim is built on solid evidence. This can include 911 call recordings, statements from independent witnesses, photographs of your own injuries, and surveillance footage.
• How a Self-Defense Lawyer Builds Your Case: An experienced attorney conducts a thorough investigation, consulting with use-of-force specialists and challenging the prosecution’s narrative to prove your actions were necessary. These strategies are part of comprehensive defense strategies for firearm offenses when deadly force is involved.

Common Pitfalls: Why a Self-Defense Claim Can Fail

Even a legitimate claim can be weakened or destroyed by common mistakes.

• Waiting to Tell Your Story: Failing to assert your self-defense claim early and consistently can be seen as a story fabricated later. Knowing what to do when you’ve been accused of a crime in Texas can help you protect your self-defense claim from the start.
• Inconsistent Statements: If your account of the event changes, your credibility will be severely damaged.
• Using Excessive Force: Escalating a non-deadly confrontation by introducing a weapon is incredibly difficult to justify.
• Lack of Corroborating Evidence: With no witnesses or other evidence to back your story, it becomes a riskier scenario to take to trial.
• A History of Conflict: The prosecution may argue you were the aggressor seeking retaliation, not a defender acting out of immediate necessity.

Secure Your Defense and Your Future Today

The line between self-defense and a criminal charge is often blurred by high-pressure situations and complex legal standards. You don’t have to manage this uncertainty alone.

At Norris Legal Group, we build your defense on a foundation of Dignity, Trust, and Fight, ensuring you are treated with respect while we protect your rights. With a proven track record, our team provides the transparent communication and advocacy you need.

Contact us today for a confidential consultation to put an experienced advocate in your corner, and take the first step toward securing your peace of mind.