Under Texas law, you do not have a duty to retreat. You are able to stand your ground.
This is an important part of many self-defense claims. In some other states, you have to try to retreat, if able, before engaging in a physical altercation. But in Texas, if threatened with physical harm, you have a right to defend yourself without retreating. The fact that you may have been able to avoid the confrontation should not undercut a self-defense claim.
3 things must be true
Three factors must be shown to demonstrate that you legally used your right to self-defense:
- You had a right to be in the location where you defended yourself, whether it was your home or another location. You were not a trespasser or someone who had illegally entered.
- You did not provoke the attack. The other person was the aggressor, and you simply used self-defense in response to their actions.
- You were not breaking the law. No criminal activity was taking place. You were in compliance with the law, in a place you were legally allowed to be, and you responded to a threat.
If all of these are true, you can use an appropriate level of force, compared to the danger that you faced. In some cases, if you had a genuine fear for your life, this could even include deadly force.
Are you facing charges?
Have you found yourself facing legal charges in a situation where you used self-defense to protect yourself or others? If so, you must understand all of the criminal defense options you have at this time.