Assault is a serious criminal offense in Texas, and the consequences of an assault conviction can be severe. If you have been charged with assault in Texas, you may be wondering what your options are for defending yourself. One possible defense is the use of self-defense. In this blog post, we will explore the use of self-defense as a defense for an assault charge in Texas.
What is Self-Defense?
Self-defense is the use of reasonable force to protect oneself from harm. Under Texas law, a person is justified in using force against another person when they reasonably believe that force is necessary to protect themselves from the imminent use of unlawful force. This means that if you were attacked and you used force to protect yourself, you may be able to use self-defense as a defense against an assault charge.
The Burden of Proof
If you are claiming self-defense, the burden of proof is on you. You must prove that you acted in self-defense and that your use of force was reasonable. This means that you must be able to demonstrate that you were in fear of imminent harm and that your use of force was proportional to the threat you faced.
In Texas, there is a law called the Castle Doctrine, which allows a person to use deadly force in self-defense when they are in their own home or vehicle. This law can be helpful if you are defending yourself against an intruder in your home or car.
Stand Your Ground
Texas also has a Stand Your Ground law, which allows a person to use force in self-defense when they are in a public place. Under this law, you do not have a duty to retreat before using force in self-defense.
If you have been charged with assault in Texas, using self-defense as a defense may be a viable option. However, it is important to understand that the burden of proof is on you, and you must be able to demonstrate that your use of force was reasonable and necessary. If you are facing assault charges, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal process and develop a strong defense strategy.