Self-Defense in Assault and Aggravated Assault Cases

A How-To Guide to Asserting Self-Defense Under Texas Law

If you’ve been charged with assault or aggravated assault in Texas, one of the most critical questions is: Did you act in self-defense? Texas law allows individuals to use force — and in some cases deadly force — to protect themselves, but the success of a self-defense claim depends on how and when it’s raised, and whether it’s supported by facts and evidence.

Unfortunately, police often arrest first and ask questions later. Prosecutors may file charges even when the accused was simply trying to defend themselves or someone else. That’s why you need a strategic, experienced criminal defense attorney near you who knows how to assert and prove self-defense in court.

This guide walks you through how self-defense works in Texas assault cases, what you need to show, and how your attorney can help you avoid conviction even when charges have already been filed.

What Is Self-Defense Under Texas Law?

Under Texas Penal Code § 9.31, a person is justified in using force against another when they reasonably believe that force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force.

For deadly force, § 9.32 requires that the defendant reasonably believed deadly force was necessary to:

• Protect against the other’s use or attempted use of deadly force
• Prevent an aggravated kidnapping, murder, sexual assault, robbery, or similar crime

Importantly, self-defense is a justification defense — meaning if it applies, no crime was committed in the first place.

When Can You Legally Use Force in Texas?

Force may be legally used in Texas if:

• The other person initiated or attempted to use unlawful force
• You had a reasonable fear of harm
• The force you used was proportional to the threat
• You were not the initial aggressor or did not provoke the attack

Texas law also supports the “Stand Your Ground” doctrine, meaning there is no duty to retreat if:

• You were lawfully present at the location
• You were not engaged in criminal activity
• You reasonably believed force was immediately necessary

Your attorney near you will evaluate whether each of these conditions is met and build a defense strategy around it.

When Does Self-Defense Become an Issue in Court?

Self-defense must be raised by the evidence — either by witness testimony, body cam video, or even the alleged victim’s own statements. Once there is some evidence to support a self-defense claim, the burden shifts to the prosecution to disprove it beyond a reasonable doubt.

This is a powerful tool for your defense. Your criminal defense attorney near you may assert self-defense at:

• Pretrial hearings to support a motion to dismiss
• Jury trial, using the defense as the central theory of the case
• Plea negotiations, to argue for charge reductions or dismissal

See: How Early Legal Counsel Can Influence the Outcome of Your Case

Examples of Self-Defense in Assault Cases

Example 1: Bar Fight Defense
You are punched first in a bar dispute and respond by pushing or hitting back. If witnesses or video show you were defending yourself, self-defense may apply — even if you were arrested.

Example 2: Domestic Violence Dispute
During an argument with your partner, they strike or threaten you with an object. You grab them or restrain them to stop the threat. If you were protecting yourself, even minimal force may be justified.

Example 3: Aggravated Assault with a Weapon
You display or use a weapon after being cornered, threatened with deadly force, or facing multiple attackers. If the circumstances suggest you believed serious harm was imminent, you may have a valid defense under § 9.32.

See: What Evidence Is Used in Assault Investigations?

What Evidence Supports a Self-Defense Claim?

To support a self-defense claim, your lawyer near you will gather:

• Witness statements confirming you were attacked first
• Body cam or surveillance footage
• Photos of your own injuries
• Medical records showing defensive wounds
• Prior acts or threats made by the alleged victim
• Text messages or social media evidence supporting your version of events

See: Body Cam, Surveillance Footage, and Digital Evidence in Assault Cases

Can the Alleged Victim’s Criminal History Be Used?

In some cases, yes. Under Tex. R. Evid. 404 and 405, your attorney may be allowed to introduce evidence of:

• The alleged victim’s violent character
• Prior violent acts toward others
• Threats made by the alleged victim toward you or others

This can strengthen your claim that you reasonably feared for your safety.

What If You Were Also Injured?

Your injuries can be powerful evidence of self-defense. Prosecutors often try to minimize this by focusing on the alleged victim’s account. A good attorney near you will document your injuries thoroughly and present them to a jury as proof of who was truly in danger.

What If You’re Accused of Escalating the Situation?

Prosecutors often argue that a defendant “went too far” or used more force than necessary. In these cases, your defense attorney must show that:

• The force was proportional
• You were responding to a credible threat
• The alleged victim’s behavior justified your reaction

If deadly force is at issue, the standard is higher — but still attainable if your fear of serious harm was reasonable under the circumstances.

What If You’re Accused of Being the Aggressor?

Self-defense is not available if you:

• Provoked the incident intentionally
• Started the fight and then escalated
• Used force after the threat had ended

However, if you attempted to withdraw and were still attacked, Texas law still allows you to assert self-defense. This is a complex legal argument your lawyer near you can raise based on the facts of your case.

Final Thoughts: Self-Defense Is a Powerful Defense — But Only If It’s Asserted Correctly

Too often, self-defense is misunderstood, misapplied, or missed entirely. But in the hands of an experienced criminal defense attorney near you, it can be the most effective path to dismissal, acquittal, or reduced charges in an assault case.

Don’t wait to raise this defense until trial — the sooner you involve an attorney, the better your outcome will be.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced attorney near you who can assert and prove your right to self-defense under Texas law.

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