Understanding When Self-Defense Protects You and When It Doesn’t

Most people think that if you are defending yourself, the charges just disappear. Unfortunately, that is not how it works in Texas. Self-defense is real, and it can protect you, but it is not automatic. You must demonstrate to the court that your actions were justified. Once you raise that defense, it becomes the state’s job to try to disprove it. In most cases, the difference between freedom and conviction comes down to one thing — the evidence.

Today, I want to walk you through how self-defense works in Texas, what a jury looks for, and how the right evidence can completely change the outcome of a case.

What the Law Says About Self-Defense in Texas

Under Texas law, you can use force if you reasonably believe that you or someone else is in immediate danger. “Immediate” means right now, not something that might happen later, and not a vague or future threat.

The law also requires that the amount of force you use makes sense compared to the threat you face. For example, if someone shoves you during an argument and you respond by pulling a firearm, that may not be justified unless you can show that you genuinely believed your life was in danger.

But if someone charges you with a knife and you draw your weapon to stop them, that is a much stronger claim.

Texas also recognizes what is known as the Castle Doctrine. This means that if someone enters your home, your car, or even your workplace, you are not expected to retreat. You have the right to stand your ground and defend yourself where you are.

The Burden of Proof

Here is the part that surprises a lot of people. When we raise self-defense in court, the burden of proof shifts.

First, the defense must offer some evidence showing that you acted in self-defense. It does not need to be overwhelming, just enough to raise the issue.

Once that happens, the burden shifts back to the prosecution. Now it becomes their job to prove beyond a reasonable doubt that you were not acting in self-defense.

That is where the battle usually comes down to the quality of the evidence and the credibility of the witnesses.

What Evidence Can Prove Self-Defense

The evidence in these cases often includes:

• Witness testimony from people who saw what happened and can confirm your account
• Medical records showing you were injured or acted defensively
• Video footage from store cameras, security systems, or bystanders’ phones
• Your own testimony, explaining what you saw, what you felt, and why you believed you were in danger

When these pieces line up, it becomes very difficult for the prosecution to convince a jury that you were not justified.

And under Texas law, if the jury has any reasonable doubt about whether your actions were in self-defense, they must find you not guilty.

Real Examples of Self-Defense in Action

Let me give you two real examples from cases we handled.

In one case, my client was charged with aggravated assault with a deadly weapon after pulling a gun on someone during an argument on a golf course. The other group had been drinking, and one man angrily charged toward my client’s group, holding a golf club like he was about to swing.

My client, who had a valid concealed handgun license, drew his firearm to keep the man at bay. No shots were fired. We presented evidence that his actions were justified under Texas law, which recognizes the right to threaten force to prevent an attack. The grand jury agreed and no-billed the case, meaning they dismissed it entirely.

In another case, my client was charged with aggravated assault after a fight at a gas station. When police arrived, they saw one person bleeding and assumed my client was the aggressor. But once we obtained surveillance video, it showed the other man had charged first. Witnesses confirmed it, and the medical records proved my client’s injuries were defensive, not offensive.

Piece by piece, the evidence revealed the truth, he was protecting himself. The case was ultimately dismissed.

The Bottom Line

Self-defense is a powerful legal right in Texas, but it is not something you can simply claim and walk away from. You must show why you believed you were in danger, that the threat was real and immediate, and that your response was reasonable under the circumstances.

Once we present that evidence, the prosecution must prove beyond a reasonable doubt that you were not defending yourself,  and that is a very high bar to clear.

Texas is one of the most pro-self-defense states in the country. We have had tremendous success defending clients who acted justifiably to protect themselves or others.

If you have been charged in Houston and you know you were only protecting yourself, do not wait and hope the case will work itself out. You need someone in your corner who understands the law, knows how to build your defense, and can make sure your story is told clearly, whether to the grand jury, the district attorney, or the court. If you need legal help, contact us today to schedule a consultation.