Bryan Violent Crime Attorney
Serving Bryan and College Station, TX
At Shane Phelps Law., we are prepared to protect your rights, reputation, and freedom. Our College Station violent crime defense attorney can conduct a thorough investigation into your case, collect evidence, analyze evidence gathered by law enforcement, interview witnesses, and use our resource of expert professionals in order to develop a strong and customized defense strategy. Let us fight for you innocence today.
If I Have Been Charged with a Violent Crime, Does Self-Defense Apply to My Case?
In Texas, the use of force (including the use of deadly force) is justified if the individual who used force knew, or had reason to believe, that it was being used against another who was doing any one of the following actions:
- Enters or attempts to enter a home, vehicle, or business
- Removes or attempts to remove an individual in a home, vehicle, or business
- Commits or attempts to commit murder, sexual assault, aggravated sexual assault, robbery, aggravated robbery, or aggravated kidnapping
There are special rules which govern the use of deadly force, such as using a weapon. In general, you cannot use deadly force unless it’s immediately necessary to protect against the other individual’s use or attempt use of deadly force. In other words, you must reasonably believe someone is attempting to use deadly force against you.
Regarding a “duty to retreat,” a person—who has the right to be present at the location where the force is used—does not have to retreat prior to using force and even deadly force. Keep in mind, self-defense in Texas is not allowed if the person claiming the defense either provoked the individual they were defending against or was engaged in a criminal activity.
The following are examples of when the use of force is not justified in Texas:
- You respond to verbal provocation alone
- You consent to the force used by another
- You provoked the other’s use of unlawful force
- You resist an unlawful search or arrest by law enforcement.
- You sought an explanation from or discussion with the other individual while the actor was carrying a weapon or possessing or transporting a weapon.
If you’ve killed or seriously injured another person who was a threat to you, you must consult with an experienced violent defense lawyer in Texas.
Call (979) 773-7028 for your free consultation today.
The most serious crimes in the United States are associated with violence. Not only will you face a significant amount of time in prison and large fines but being convicted of a violent crime can destroy your reputation amongst your family, friends, and colleagues. These types of cases are often covered by the media, who may have already convicted you of the crime before you even take a step inside a courtroom. It is imperative to seek experienced and trustworthy legal representation from a skilled criminal defense attorney.
Although this may be an overwhelming time in your life, you do not have to work through matters on your own. We are here to ensure your voice is heard through the criminal justice system, and to provide you with the personalized attention you deserve from start to finish.
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