When facing assault or murder charges, a self-defense claim can be your lifeline. The “Self-defense” defense is a legal justification for committing an assaultive offense against another person that poses an immediate threat to you. Self-defense, in such cases, is justified in Texas law.
The crux of this defense strategy is that you had to act to protect yourself from imminent harm. It also applies to defending other people. But what do you need to prove to establish this defense successfully?
At the Law Office of Sandra J. Oballe, we’ve helped countless men & women avoid prison for committing lawful violence. If you’re facing criminal charges for Angleton, Brazoria County, or anywhere in Greater Houston for a justified homicide or assault, I’d like to hear about your case.
Schedule your free consultation by calling my office anything at 713-524-6656 or 979-265-6800. I’ve been helping people get through the legal system since 2003. Let my office help you too.
The “Self-Defense” Defense: An Overview
In Texas, the right to self-defense is law.
Per Texas Penal Code Section 9.31, you’re justified in using force against another person when you reasonably believe it’s necessary to protect yourself (or another person) against the aggressor’s use (or threat) of unlawful force.
This “belief” must be both subjectively and objectively reasonable.
- Objectively, would a reasonable person in your situation have perceived a threat?
- Subjectively, did you personally believe that force was necessary?
- Did the level of force match the threat?
The answers to these questions will guide the legal assessment of your actions.
Proving Imminence
Imminence is a key element of a self-defense strategy.
The threat you faced must have been immediate. You can’t claim self-defense if the danger is in the distant future or speculative. Courts will consider whether the threat was impending (and unavoidable) when you acted.
For example, if someone lunges at you with a knife, the immediacy of the threat is clear. Conversely, if you strike someone because they made a vague threat to harm you at some point in the future, a self-defense strategy won’t work.
Proportionality of Force
Your response must be proportional to the threat. Deadly force is only justifiable if you have reason to believe it’s necessary to defend yourself (or another person) against the other person’s use (or attempted use) of deadly force. In non-lethal scenarios, using excessive force might hurt your ability to use “self-defense” as a legal strategy effectively.
For example, let’s say you’re confronted by an unarmed aggressor. If they threaten to punch you and you shoot them, the disproportionality of your response can nullify your self-defense claim. It might even land you in jail with a murder conviction.
Defense of Others
Texas law also allows you to defend others under similar principles. If you witness someone else facing an imminent threat, you can defend them. Remember, your belief in the necessity of force has to be reasonable.
Evidence
The Burden of Proof
In a criminal trial, the burden of proof lies with the prosecution to disprove self-defense beyond a reasonable doubt. However, we’ll need to present evidence that justifies your actions. This evidence can take many forms, such as eyewitness testimony, physical evidence, and expert testimony.
Eyewitnesses can corroborate your account of the threat, which can justify your defensive response. Injuries, weapons, and forensic evidence can support your narrative. An expert witness can provide insight to explain the reason you perceived a threat, which led to your response.
Case Studies and Precedents
Numerous cases illustrate how the law is applied to self-defense claims. Let’s briefly review a couple.
In the 1998 Brown v. Texas case, the defendant successfully argued self-defense after presenting evidence of an immediate, deadly threat.
Conversely, in the State v. Jones appeals case from back in 2015, the defendant’s claim failed due to a lack of evidence proving the threat’s immediacy. Thus, it called into question the proportionality of the response. A double whammy.
Strategic Defense Planning
The effective use of a self-defense claim requires meticulous planning, strategic foresight, and a criminal defense lawyer with the moxie to pull it off.
Working with an experienced criminal defense lawyer like Sandra J. Oballe can make all the difference in your case. With her years of experience, she’ll know exactly how to help you get the best evidence to support a compelling argument. Our goal is to win.
Facing Criminal Charges for Self-Defense?
Contact the Law Office of Sandra J. Oballe
If you’re facing assault or murder charges and feel you acted in self-defense, call Attorney Sandra J. Oballe at your earliest convenience.
The Law Office of Sandra J. Oballe is ready to help you defend your future & freedom.
Contact our Houston office at 713-524-6656 or our Angleton office at 979-265-6800 to reserve a time for your consultation. We’ll stand by your side. We’ll provide the legal support you will certainly need during this challenging time.
