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Fuller Criminal Defense
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2024 Thomson Reuters

Call His McKinney Office To Request A
Free, Confidential Consultation

Can you face assault charges for defending yourself?

Everybody has the legal right to protect themselves. If you find yourself in a dangerous situation, using force to protect and defend yourself is understandable. However, there are cases where you may still face assault charges for your actions. Fortunately, self-defense is a viable and solid legal defense.

Texas laws that support self-defense

Two state laws that may help strengthen self-defense claims:

  • Castle doctrine: The castle doctrine allows Texas residents not to run away or retreat before they can use self-defense inside their homes.
  • Stand your ground law: This expands the castle doctrine, stating that people do not have to retreat first to defend themselves in places other than their homes.

Take note that the provisions of the castle doctrine also justify the use of deadly force if you believe you are in grave danger or at risk of a violent crime, including sexual assault.

Justified use of self-defense

The right of self-defense allows you to use force to protect yourself. However, there need to be justifiable reasons or criteria you need to meet before the law recognizes your actions as legitimate use of self-defense. These include:

  • You believe there is immediate danger or threat.
  • You do not provoke the other person.
  • You are not the initial aggressor.
  • You are not committing a crime such as trespassing.
  • You did not use force in response to verbal provocation.

If you were in a situation where someone physically attacks you first or threatens you with a deadly weapon, you can use force to protect yourself and claim self-defense. You may also use self-defense to protect the people around you if you believe they may be in danger.

Building a strong legal defense

An assault charge in Texas is no light matter. In worst-case scenarios, assault charges may lead to a felony conviction. This can mean several decades in prison, substantial fines and more.

Working with an attorney specializing in criminal defense may help you build a stronger legal defense compared to working with a public defender. An experienced criminal defender often better understands self-defense laws and can offer legal advice tailored to your situation.

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