“I Was Just Defending Myself!” Assault vs. Self-Defense in Texas

Self-defense is one of the most common defense strategies in cases involving assault and other violent crimes. George Zimmerman used it when he faced charges of murdering Trayvon Martin.

A police officer in Dallas is claiming self-defense in a controversial case after she shot and killed an unarmed man in his apartment.

News stories every day show alleged offenders going to trial claiming that they acted in self-defense when they shot, stabbed, or caused bodily harm to another person.

Because in the heat of the moment, this is entirely plausible. Adrenaline may take over and you might defend yourself using physical violence.

Will this argument actually help you avoid penalties, though? That depends on the specifics of the situation.

Before you use self-defense as a defense strategy against assault charges, hire a Fort Worth criminal defense attorney who knows what actually qualifies and whether you should explore other defense strategies.

How Does Texas Define Assault?

You probably intuitively understand that an assault looks different than an act of self-defense - but how exactly?

Know the difference before you start to build your case around self-defense.

Texas law defines assault as any of the following actions:

• intentionally, knowingly, or recklessly causing bodily injury to another
• intentionally or knowingly threatening another with imminent bodily injury
• intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

So, How Can Self-Defense Work as a Defense Strategy for Texas Assault Crimes?

In cases where someone is causing bodily injury to another, the other person is likely to fight back, right? This is where self-defense comes in - but only when you can prove to the jury that the alleged victim was trying to attack you.

If you instigate a fight, the alleged victim fights back, and you claim self-defense, you’re not going to win your case.

Bottom line? You and your criminal defense attorney will need solid proof that the alleged victim was intending to cause bodily injury to you and that you reacted to their aggression.

How?

Elements of Self Defense in Texas

How does a court determine whether or not a person acted in self-defense? They will look for the following elements:

Reasonable Fear of Bodily Harm

If someone was just playing around and you attack them, you probably won’t be able to claim self-defense. The situation before the assault must be one in which a reasonable person would have feared for their safety.

Imminent Threat

If you felt that someone was putting you or others in fear of imminent danger through threatening force, you may be able to justify your response as self-defense.

Keep in mind that the following do not count as imminent threats:

• Offensive or provocative words that contain no threats
• Threats that have been abandoned

In other words, you cannot attack a person and claim self-defense if they threatened you an hour prior but proceeded to calm down and not be a threat anymore.

It goes even further than that, though. If the alleged victim assaults you, but then ceases to act against you or threaten you, it is not self-defense for you to engage in violence against them at that point. In fact, if someone stops attacking you and you retaliate, you could be found guilty of assault.

Something else to know? It does not matter who the alleged victim of the threats is.

You may be able to use self-defense for using force on someone who was threatening to hurt you, others, or themselves. Additionally, if someone was threatening to attack your property, using force against them may also be considered self-defense. However, if property is involved, the idea of proportional force is crucial to determining your guilt or innocence.

What’s that?

Proportional Force

In order for an assault to be justified under Texas law, proportional force must be present. This means that the amount of force used to assault the alleged victim must be proportional to the threats you received. If someone was threatening to slap you on the face, for example, you cannot respond with aggravated assault and claim self-defense.

In some states, alleged victims have a “duty to retreat” before they can fight back. Texas, however, is not one of these states.

Unprovoked Attack

Finally, the attack from the alleged victim would have had to be unprovoked. In fact, if you were issuing a threat toward the victim before they began to attack, they might be able to claim self-defense against you.

Assault Charges in Texas Are Serious

Assault charges are serious, especially if deadly force is involved. Moreover, prosecutors will fight tooth and nail to negate the presence of an unprovoked attack, reasonable fear, and the other elements of self-defense.

Because of this, it is important to know that there are other ways to fight back against assault charges if self-defense is not applicable. That being said, a strong strategy involving self-defense could mean the difference between walking free and spending years in jail.

Reach out to an experienced criminal defense attorney for more information on using self-defense or other strategies for avoiding an assault conviction.

FAQ: Texas Assault vs. Self-Defense

What is the difference between assault and self-defense in Texas?
In Texas, assault involves intentionally causing harm or threatening to harm another person. Self-defense, on the other hand, is a legal justification for using force to protect yourself from immediate harm. If proven, self-defense can exempt someone from being held liable for assault.

When is self-defense considered lawful in Texas?
Self-defense is lawful when a person reasonably believes that using force is necessary to protect themselves from immediate harm or danger. The amount of force used must be proportionate to the threat faced.

Can I claim self-defense if I started the altercation?
In most cases, Texas law does not allow someone to claim self-defense if they were the aggressor or started the fight. However, if you withdrew from the altercation and clearly communicated your intention to stop fighting but the other party continued the attack, you may still be able to claim self-defense.

What is the “Stand Your Ground” law in Texas?
Texas has a "Stand Your Ground" law, meaning you are not required to retreat before using force in self-defense if you are in a place where you have a legal right to be, such as your home or vehicle. You can use force without retreating if you believe it's necessary to prevent harm.

Can self-defense be used to justify deadly force?
Yes, in Texas, deadly force can be used in self-defense if you reasonably believe it is necessary to protect yourself or another person from death, serious bodily injury, or to prevent the commission of certain violent crimes, such as aggravated robbery or sexual assault.

How can I prove I acted in self-defense?
Proving self-defense requires showing that you had a reasonable belief that you were in immediate danger and that the force you used was necessary and proportionate to the threat. Evidence such as witness statements, medical records, or video footage can support your claim.

Can I still be charged with assault even if I claim self-defense?
Yes, you can be charged with assault, but claiming self-defense may serve as a defense in court. It’s up to you and your attorney to present evidence and arguments to justify your actions as self-defense.

Why is it important to hire a lawyer if I acted in self-defense?
Navigating the legal system can be complex, especially when defending against an assault charge with a self-defense claim. A lawyer can help gather evidence, build your defense, and ensure that your rights are protected throughout the legal process.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.