Can You Claim Self-Defense in a Texas Murder Case?

How Can You Defend Against a Murder Charge?

Murder is amongst the most heinous crimes a person can be charged with. Courts spend a large amount of resources to put someone who takes another’s life behind bars, often seeking life imprisonment. But what if the death wasn’t entirely your fault? What if you were defending yourself or a loved one? You shouldn’t have to spend the rest of your life in prison if you had no other choice.

At Shane Phelps Law, we understand that murder charges aren’t always black and white. We also know that prosecutors can be more worried about their conviction rates rather than a person’s innocence, especially when that person is claiming self-defense. We won’t rest until your claim of self-defense is fully investigated and properly argued. We’re not going to let law enforcement and prosecutors push you around.

Call 979-596-6843 to schedule a free consultation with our criminal defense team.

Is Self Defense a Legitimate Defense?

In Texas, self-defense is a recognized, valid defense. Under Texas Penal Code § 9.31, a person is justified in using force when they reasonably believe it is necessary to protect themselves against someone else’s unlawful force. The operative word, though, is reasonable. The law doesn’t protect excessive or unnecessary violence. When deadly force is used, the stakes are even higher and the burden of proof is more substantial.

Stand Your Ground

Texas is a “stand your ground” state. That means you don’t have the legal obligation to retreat if you’re somewhere you have the right to be. That means your home, your car, or even a public space, as long as you’re not doing anything illegal. You can use force when necessary to protect yourself, but standing your ground doesn’t give you free rein to kill someone. The situation has to involve a legitimate threat, and your response must be reasonable under the circumstances.

You Don’t Have to Be Attacked First

It is a long-standing myth that you must wait to be physically assaulted before you can defend yourself. If you reasonably believe that someone is about to harm you and that belief makes sense to the average person in your situation, the law may support your right to act first. What matters most is that your response was proportional to the threat.

How Can You Prove Self-Defense?

Self-defense claims will be seriously scrutinized, especially when a death occurs because of it. In order to successfully claim self-defense under Texas law, you must prove the following:

• You reasonably believed you were in immediate danger of harm, injury, or death

• The threat was unlawful, for example, you weren’t resisting a lawful arrest or provoking someone

• You only used necessary force to protect yourself under the circumstances

• You used force proportional to the threat

• You weren’t the initial aggressor

• You were legally allowed to be at the location where the incident happened

Evidence is Everything

To back up your story, you will need more than just your word. If you have any of the following, it will significantly help your case:

• Security footage or cell phone video

• 911 calls

• Text messages or documented threats sent before the incident

• Visible injuries on your body

• Witnesses who can back up your version of events

Your behavior after the incident matters. Did you call the cops? Did you stick around the scene until law enforcement arrived? Is there evidence that you attempted to tamper with the scene? How you acted immediately after the incident can either help or hurt your defense. Jurors pay attention to these details.

Both your history and the other person’s history are going to be thoroughly investigated. Is this the first legal trouble you’ve been in, and the only record you have is a couple of parking tickets? Or have you been in and out of the justice system, especially for assault? Same for the other person. Things like intoxication levels and aggressive behavior at the time of the scuffle will be examined and can help establish why you felt the need to protect yourself.

What Happens If You Were Protecting Someone Else?

In Texas, self-defense can also mean you were forced to protect someone else. If you used force to defend a friend, your partner, or even someone you don’t know who you believed was in danger, that can still qualify under the law. This is especially common in bar fights or group situations where someone steps in and things escalate from there. However, the same rules apply: proportional force, reasonable belief, and no intent to provoke.

How Can Shane Phelps Law Help With Your Self-Defense Claim?

A successful self-defense claim requires a lot of legal legwork and a deep grasp of Texas laws. While the writing could be on the wall and the proof makes it obvious that you were forced to protect yourself, one tiny mistake can lead to disastrous results.

You need a lawyer with your best interests on your side before you talk to the cops or prosecution about anything. Shane Phelps Law has that lawyer. We don’t want to see an innocent person ripped away from their family and put in prison just because they were forced to defend themselves or someone else they love.

Our criminal defense team will work diligently to ensure that your side of the story is heard and that law enforcement or the state doesn’t twist your words and use them against you. We will investigate the circumstances surrounding your case and the incident, and we won’t leave a stone unturned when proving your innocence.

Call 979-596-6843to schedule a free consultation with the Shane Phelps Law criminal defense team. We’re ready to help!