William Marcus Wilkerson
Photo of attorney William Marcus Wilkerson

don't give up your rights without a fight.
choose marcus wilkerson

Photo of attorney William Marcus Wilkerson
Photo of attorney William Marcus Wilkerson

Could self-defense laws apply to your situation? 

On Behalf of | Dec 30, 2023 | Criminal Defense |

The majority of people have no interest in using violence. Unfortunately, there are situations where using violence is the only option to protect yourself. The law accounts for this and self-defense is permitted under certain circumstances in Texas. 

With that being said, the law in this area is quite specific. Could self-defense laws apply to your situation?

Protecting yourself  

In Texas, you can legally use physical force to protect yourself, and this force could even be deadly. However, the amount of force used must be reasonable and proportionate to the circumstances. For instance, if someone came at you with a knife or threatened to shoot you with a gun and you hit them with a bat, that could be justified. However, if someone threw water on you and you used deadly force with a weapon in return, it may be harder to argue that this was reasonable and proportionate in the circumstances.  

Protecting someone else 

It’s important to remember that self-defense laws can also apply in situations where you have defended someone else from physical harm. You must have believed that there was a legitimate threat to their physical well-being and that your intervention was crucial. 

Protecting your home 

It’s also legal for you to use force to defend your property. For example, if an armed person broke into your house, you could use physical force, even deadly force, as long as this was proportionate to the threat. On the other hand, if someone had mistakenly stumbled onto your property and was willing to leave, using physical force on them would likely be deemed unjustified and disproportionate. 

The key factors in self-defense claims are the presence of a legitimate threat and the use of reasonable force. Seek legal guidance to find out if this defense could apply to your situation.