By Graham Norris
Admitting that you hit, pushed, or otherwise used force against someone does not automatically mean you admitted to a crime.
In Texas, the law recognizes situations in which using force may be justified. The key question is not only whether force was used. The question is whether the force was legally justified under the circumstances.
That distinction can be critical in an assault case. If you are facing an assault allegation, speaking with a Fort Worth assault attorney can help you understand whether self-defense applies.
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What Texas Self-Defense Law Says
Texas Penal Code Section 9.31 generally provides that a person may be justified in using force against another when and to the degree the person reasonably believes the force is immediately necessary to protect against another person’s use or attempted use of unlawful force. The statute also contains important limitations and exceptions.
Texas law has separate provisions for deadly force under Section 9.32 and for defense of third persons under Section 9.33.
Self-defense is highly fact-specific. Whether it applies can depend on what happened immediately before the force was used, what the accused reasonably believed, whether the threat appeared immediate, and whether the amount of force used was justified in the situation.
An Admission to the Act Is Not the Same as an Admission of Criminal Guilt
Suppose someone tells police, “Yes, I pushed him.” That statement may establish that physical force occurred. It does not necessarily answer why the person pushed him or whether the law justified that action.
Graham Norris has explained that many assault cases involve exactly this issue. A person may have used force but maintain that the force was necessary to protect himself, herself, or another person.
The defense then has to develop the context rather than focus only on the isolated act.
Why Your State of Mind Can Matter
In a self-defense case, what you reasonably believed at the time can be an important part of the self-defense law analysis.
That is one reason Graham describes the first step in defending an assault case as understanding the accused person’s story in detail. What did you see? What did you hear? What had already happened? What did the other person do? What did you believe was about to happen?
Those details can help explain why an action that looks aggressive in isolation may have been defensive in context.
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Text the FirmThe Other Evidence Still Matters
A self-defense claim is not established simply because the accused says the conduct was justified. The defense should gather and examine the available evidence.
That may include:
- Body-camera or surveillance video.
- Witness statements.
- Emergency calls.
- Photos of injuries or the scene.
- Medical records when relevant.
- Messages or phone records that help establish context.
- Police reports.
- Statements made by the complaining witness.
Graham has emphasized comparing the accused person’s account with what everyone else is saying and with the physical evidence or recorded evidence. Inconsistencies, missing context, bias, or inaccurate reports can all become important.
Be Careful About Statements to Police
People often want to explain themselves immediately after an incident. Sometimes they believe that if they simply tell the officer, “I hit him, but it was self-defense,” the matter will be resolved on the spot.
That may not happen.
Statements can become evidence, and a short explanation given under stress may leave out important details. A person may also use words that have a different legal meaning than intended.
If you have already made a statement, that does not mean your defense is lost. The statement should be reviewed in context with the rest of the evidence.
Do not try to repair the situation by contacting the complaining witness, posting about the case online, or sending additional explanations to law enforcement without legal advice. Those communications may create new evidence or violate a court order or bond condition.
What About Defense of Another Person?
Texas Penal Code Section 9.33 addresses defense of third persons. In some circumstances, force may be justified when a person reasonably believes intervention is immediately necessary to protect someone else.
This can arise in fights, domestic situations, disputes involving family members, or other encounters where one person steps in to protect another.
Again, the details matter. A lawyer needs to understand what the accused observed and why the accused believed intervention was necessary.
What If the Incident Was Recorded?
Video can help, but it can also be incomplete. A recording may begin after the conflict started or may not capture what occurred outside the frame.
Graham Norris has described a self-defense case in which a widely circulated video was important but did not tell the full story by itself. The defense had to place the recorded moments in the context of the entire encounter.
That is why the defense should obtain and preserve original recordings whenever possible and compare them with reports, witnesses, and other evidence.
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Call (817) 859-8985 Free ConsultationSelf-Defense Is Not Automatic
It is important not to overstate the law. Saying “self-defense” does not automatically make an assault charge disappear.
The State and defense may disagree about who started the confrontation, whether the perceived threat was immediate, whether the accused’s belief was reasonable, or whether the level of force was justified. Those disputes can determine whether a prosecutor dismisses a case, whether a grand jury takes action, whether the case is resolved through negotiation, or whether a jury ultimately decides the issue.
What to Do After an Assault Arrest
If you admitted using force but believe you acted in self-defense, preserve evidence and avoid discussing the facts publicly. Follow all bond conditions and protective orders. Save relevant video, photos, messages, and contact information for witnesses, but do not alter evidence or pressure anyone about what to say.
Then have the full sequence of events reviewed by a criminal defense lawyer.
Norris Legal Group represents people facing assault and self-defense-related charges in Fort Worth and Tarrant County. If you are worried that admitting you used force ruined your case, contact a Fort Worth assault attorney for a free consultation. The legal question is not simply whether force occurred. It is whether the State can prove the force was unlawful after the full context is considered.
Graham Norris
Principal Attorney & Founder, Norris Legal Group PLLC
Graham Norris is an award-winning criminal defense attorney and former Tarrant County prosecutor with over a decade of courtroom experience. He has earned countless dismissals and not guilty verdicts on charges ranging from misdemeanor assault to felony murder. Graham has been recognized as a National Trial Lawyers Top 40 Under 40 attorney, named a Texas Monthly Super Lawyers Rising Star, and selected as a Top Attorney by Fort Worth Magazine.
Former Assistant District Attorney • Texas A&M School of Law Graduate • Member, National Order of Barristers
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