What this means is that the State may still try a case against you even though it is reasonable that you may have been defending yourself against what amounts to an attack.
The Texas Penal Code states that, "a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force." Sec. 9.31.
It is important to note that such force is not justified against:
- verbal provocation alone or;
- when resisting the arrest or search conducted by a peace officer or someone acting on behalf of the peace;
- officer, even when the arrest is unlawful.
It's sad, but before you decide to defend yourself, remember that criminal charges can still be filed against you for defending yourself. After which, you may be required to prove that your actions truly amounted to self-defense under the law.
To learn more, call us at 832.224.6740.