Understanding Self-Defense in Texas – Wilkerson & Campbell Law

Self-defense is one of the most firmly established and widely recognized legal justifications in Texas criminal law. At Wilkerson & Campbell, we aggressively defend individuals who have been forced to protect themselves or others from harm. If you acted to preserve your life or safety, the law may be on your side. (Texas Penal Code, Chapter 9)

What Constitutes Self-Defense in Texas?

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

To claim self-defense, the following conditions generally must be met:

• The person did not provoke the attack

• The force used was proportional to the threat

• The threat was imminent and unlawful

• The person was not engaged in criminal activity at the time

• The force was necessary to prevent harm to oneself or another

When these conditions are satisfied, Texas law recognizes the right to use force — and in some cases, deadly force — to protect oneself or others.

Deadly Force in Self-Defense

Texas permits the use of deadly force in self-defense under Section 9.32, but only in more limited and serious circumstances, such as:

• Protection against death, serious bodily injury, kidnapping, or sexual assault

• Defense of another person facing such threats

• Preventing certain violent crimes like aggravated robbery or burglary at night

Deadly force must be the last resort and used only when no lesser force would suffice to stop the imminent threat.

The Castle Doctrine and Stand Your Ground

Texas is a “Stand Your Ground” state, meaning there is no legal duty to retreat before using force — including deadly force — in certain places, such as:

• Your own home

• Your vehicle

• Your workplace

This is known as the Castle Doctrine, which gives enhanced legal protection to individuals using force to defend themselves in places they are legally entitled to be. (Texas Penal Code, Section 9.31 & 9.32)

Self-Defense Does Not Apply in Every Case

While self-defense is a powerful legal defense, it cannot be used in situations where:

• The person claiming self-defense was the initial aggressor

• The force used was excessive or unreasonable

• There was no actual threat, only a perceived or imagined one

• The person was engaged in illegal activity at the time of the incident

The success of a self-defense claim often depends on evidence, witness testimony, and how clearly the threat and response can be demonstrated in court.

Our Approach to Self-Defense Cases

At Wilkerson & Campbell, we know how high the stakes are when you’re facing criminal charges after defending yourself. Our attorneys:

• Conduct thorough independent investigations

• Secure video, digital, and physical evidence

• Interview eyewitnesses and experts

• Build a clear timeline to support your version of events

• Challenge the prosecution’s attempts to mischaracterize your actions

We aim to demonstrate that your actions were both reasonable and justified under Texas law.

Protecting Your Right to Defend Yourself

If you or a loved one has been charged with a crime after acting in self-defense, don’t face the justice system alone. The consequences of a conviction can be devastating — even when you were only trying to protect yourself.

Contact Wilkerson & Campbell today at 844-849-9789 for a confidential case review. Our legal team is ready to defend your rights, restore your freedom, and prove that your actions were justified under the law.