In certain situations, Texas law permits a person to defend themselves, their property, another person or their property, from others. The use of force — even deadly force — is justified in very specific situations.
Self defense claims are ways to defend yourself against a criminal charge. In essence, you are arguing that you were justified in using force because the person you hurt or killed was going to harm you, another person, or property.
A person is justified in using deadly force against an attacker if he reasonably believes that it is necessary to protect himself or another person against the attacker’s use (or attempted use) of unlawful deadly force. It is also justified to prevent an aggravated kidnapping, murder, rape or robbery. If a reasonable person in that situation would have retreated, then the use of deadly force is not justified.
In either of these cases, a skilled criminal defense attorney may be able to present a self-defense argument to have the charges dismissed or to get a not guilty verdict at trial.
A person can also use deadly force to protect his or another person’s property if he reasonably believes that it is immediately necessary to prevent the other person from committing arson, burglarly, robbery, theft during the nighttime, or criminal mischief during the nighttime. However, the keys to use of force in this context is (1) that the force is used only to the degree necessary and (2) the property cannot be protected by any other means.
While a person can use deadly force to protect himself, another person or even property in certain situations, it is not always justified.
The law regarding self-defense and justification for the use of deadly force is complicated, and depends on the specific facts of the situation. If you would like to learn more about self-defense, contact the Law Office of Chad West today.
In Texas, you have a right to protect yourself, your family and your home in certain scenarios. If you have used force or deadly force to protect yourself, others or property, you may be entitled to present a justification defense based on self-defense. At the Law Office of Chad West, we are experienced in handling self-defense cases, and will evaluate your case to determine if self-defense is a possibility. Contact our office today to schedule a consultation and learn more about the use of self-defense in Texas.
