Self-Defense Laws in Texas
Texas statutes define both self-defense and defense of a third party and provide a provide a defense to prosecution when the conduct in question is “justified.” TEX. PENAL CODE § 9.02. Under Chapter 9, “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force ….” Id. § 9.31(a).
Likewise, “[a] person is justified in using deadly force against another … when and to the degree the actor reasonably believes the deadly force is immediately necessary … to protect the actor against the other’s use or attempted use of unlawful deadly force.” Id. § 9.32(a) (emphasis added).
A person is justified in using deadly force in defense of others soo long as the accused reasonably believes that the third person would be justified in using force to protect himself. See Hughes v. State, 719 S.W.2d 560, 564 (Tex. Crim. App. 1986)); see TEX. PENAL CODE § 9.33. Both of these defenses—self-defense and defense of others—may be raised as justifications for a defendant’s actions and in support of an acquittal against a crime of violence such as murder or manslaughter. See, e.g., TEX. PENAL CODE §§ 9.31–.33.
Attorney for Self-Defense Attorney in San Antonio, TX
If you are charged with a violent crime involving a claim of self-defense or the defense of others, then contact an experienced criminal defense attorney. Call Flanary Law Firm, PLLC to discuss your criminal charges, ways to avoid the typical penalties, and defenses that can be used to fight for an outright dismissal. An attorney experienced in using the self-defense statutes in Texas can provide you with the strongest possible defense.
Don Flanary represents clients charged with a variety of violent crimes from simple assault, domestic violence, to more serious criminal offenses such as robbery or manslaughter.
Call (210) 899-7566 today to discuss your case.
Satisfying the Burden of Production in a Self-Defense Case
In a claim of self-defense or defense of others, “a defendant bears the burden of production,” while “the State … bears the burden of persuasion to disprove the raised defense.” Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim. App. 2003).
The defendant’s burden of production requires the defendant to adduce some evidence that would support a rational jury finding for the defendant on the defensive issue. See Krajcovic v. State, 393 S.W.3d 282, 286 (Tex. Crim. App. 2013); Shaw v. State, 243 S.W.3d 647, 657–58 (Tex. Crim. App. 2007); see also TEX. PENAL CODE § 2.03(c). In other words, the issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
“[E]ven a minimum quantity of evidence is sufficient to raise a defense as long as the evidence would support a rational jury finding as to the defense.” Krajcovic, 393 S.W.3d at 286 (citing Shaw, 243 S.W.3d at 657–58).
“[A] defense is supported (or ‘raised’) if there is evidence in the record making a prima facie case for the defense.” Shaw, 243 S.W.3d at 657. “A prima facie case is that ‘minimum quantum of evidence necessary to support a rational inference that [an] allegation of fact is true.’ ” Id. (quoting Tompkins v. State, 774 S.W.2d 195, 201 (Tex. Crim. App. 1987), aff’d, 490 U.S. 754, 109 S.Ct. 2180, 104 L.Ed.2d 834 (1989)).
By contrast, the State’s “burden of persuasion is not one that requires the production of evidence, rather it requires only that the State prove its case beyond a reasonable doubt.” Zuliani, 97 S.W.3d at 594.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
When the Use of Force Is Not Justified in Texas
The use of force against another is not justified in response to verbal provocation alone. See TEX. PENAL CODE § 9.31(b)(1). Additionally, when the person using force provoked the person against whom the force was used, then the use of force is not justified. See id. § 9.31(b)(4) (providing general rule and exception).
And the use of deadly force is only appropriate under these defenses to protect the actor or a third person from another’s “use or attempted use of unlawful deadly force” or “to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.” See TEX. PENAL CODE §§ 9.32(a), 9.33.
