You were defending yourself. The person confronting you was the aggressor. But now you’re facing murder or aggravated assault charges. The question becomes crystal clear: Does Texas law recognize what you did as self-defense, or does the state see it as a crime?
Texas law is structured differently from many states when it comes to self-defense. We have a Castle Doctrine. We have Stand Your Ground protections. We have clearly defined statutes that tell you when force—including deadly force—is legally justified. But understanding those protections and successfully deploying them in court are two different things. And when you’re charged with murder or aggravated assault, the stakes are absolute.
At LaHood Norton Law Group, PLLC, our six attorneys and counsel—all former prosecutors—know how the state builds these cases and how to dismantle them. We’ve been on both sides of the table. We know the burden the prosecution must meet, and we know how to create reasonable doubt around whether you acted in lawful self-defense.
This post explains Texas self-defense law as it applies to serious charges like murder and aggravated assault.
The Foundation: Texas Penal Code § 9.31 and § 9.32
Texas self-defense law isn’t murky. It’s codified. Understanding the statute is the first step to understanding your defense.
Justified Use of Non-Deadly Force
Under Texas Penal Code § 9.31, you’re justified in using force against another person if you reasonably believe it’s necessary to protect yourself from unlawful force, unlawful confinement, or an attempt to unlawfully take property. The key word is “reasonably.” The force you use must match the threat. You can’t use a sledgehammer to counter a push.
Several conditions must be met:
- You didn’t provoke the other person (or you abandoned the conflict before force was used)
- You weren’t the initial aggressor in the encounter
- You didn’t use excessive force beyond what was reasonably necessary
If these conditions are satisfied, non-deadly force is justified.
Justified Use of Deadly Force
Texas Penal Code § 9.32 covers deadly force—the statute that applies when murder or aggravated assault charges involve weapons, severe injury, or death.
You’re justified in using deadly force if:
- You reasonably believe it’s necessary to protect yourself from death, serious bodily injury, aggravated assault, aggravated robbery, sexual assault, or aggravated sexual assault.
- You reasonably believe it’s necessary to protect a third person facing the same threats.
- You’re protecting property during nighttime or when you cannot safely retreat (we’ll discuss this more below).
The statute doesn’t require you to retreat or attempt to escape. You have no duty to flee your own home, your workplace, or property you have a right to occupy.
The Castle Doctrine: Your Home, Your Rights
Texas’s Castle Doctrine is perhaps the most protective self-defense statute in the country. It’s built on the principle that your home is your castle.
What the Castle Doctrine Protects
Under the Castle Doctrine:
- In your home, you have no duty to retreat before using force (including deadly force) against an intruder or someone who enters without legal authority.
- In your vehicle, the same protection applies. You can use force against someone attempting to carjack you or forcibly remove you.
- At your workplace or other property you have a legal right to occupy, you can use force to protect yourself or others from unlawful harm.
The Castle Doctrine shifts the burden significantly. If you use force in your home against someone who entered without permission, you’re presumed to have acted reasonably. The prosecution bears the burden of proving you didn’t.
Who Qualifies as an Intruder?
An “intruder” is someone who enters your home without permission or legal authority. This includes:
- Someone who broke in
- Someone who entered through an open door without invitation
- Someone who was invited but refused to leave when asked
- Someone who enters to commit a crime
It does not include family members or housemates who have a legal right to be there, or someone you invited to be present (though once you ask them to leave, they become trespassers).
The Presumption of Reasonableness
This is crucial for murder and aggravated assault charges. If you use force against someone in your home and the Castle Doctrine applies, the law presumes you acted reasonably. You didn’t have to retreat. You didn’t have to try to talk them down. The burden shifts to the prosecution to prove you didn’t act reasonably—a much higher bar than you having to prove you did.
Stand Your Ground: No Duty to Retreat
Beyond the Castle Doctrine, Texas has a broader “Stand Your Ground” principle embedded in its self-defense statutes. Unlike some states that require you to retreat if safely possible, Texas doesn’t.
If you’re lawfully present somewhere—whether your home, a store, a parking lot, anywhere—you have the right to stand your ground and defend yourself. You don’t have to try to escape. You don’t have to announce your intentions. You can use force immediately if you reasonably believe it’s necessary.
This principle becomes critical in assault and murder cases where the defendant was accused of being the aggressor. If you stood your ground instead of retreating, prosecutors may frame that as aggression. Our job is to explain to the jury that standing your ground is your legal right—not evidence of guilt.
The Critical Question: Reasonable Belief
Everything hinges on what you “reasonably believed.” This isn’t a subjective test based solely on your state of mind. It’s objective: what would a reasonable person in your circumstances believe?
What Creates Reasonable Belief?
Courts consider:
- The aggressor’s actions and statements. Did they threaten you? Did they display a weapon? Did they advance toward you aggressively?
- The aggressor’s apparent ability to cause harm. Are they significantly larger? Do they have a weapon? Are there multiple people?
- Prior incidents. Have you had violent encounters with this person before? Do you know of their violent history?
- The surrounding circumstances. Were you in a safe location? Were there witnesses or law enforcement nearby?
- Your physical condition. Were you injured, disabled, or in a vulnerable state?
The jury views your actions through the lens of what you knew and observed at that moment—not with hindsight or second-guessing.
Burden of Proof in Self-Defense Cases
This is where Texas law favors the defendant. Once you raise a self-defense claim backed by sufficient evidence, the burden shifts. The prosecution must prove beyond a reasonable doubt that you did not act in self-defense. You don’t have to prove you did—they have to prove you didn’t.
In murder cases, this shift is profound. The prosecution must disprove self-defense on every element: that you didn’t reasonably believe force was necessary, that you used excessive force, or that you provoked the encounter unlawfully.
Aggression, Provocation, and Losing Your Protection
Self-defense isn’t absolute. You can lose protection if you provoked the confrontation or if you were the initial aggressor.
Initial Aggression Forfeits Protection
If you started the fight or you were the first to use force unlawfully, you lose your self-defense claim—unless the other person escalated beyond what you initiated and you then withdrew from the fight.
Provocation That Doesn’t Involve Force
Here’s where it gets nuanced: if you provoked someone verbally or through non-violent conduct, you don’t automatically lose self-defense. You only lose it if your provocation was likely to trigger a violent response and you knew that. Name-calling, insults, or even challenging someone to a fight doesn’t negate self-defense if the other person then used excessive force.
However, if you intentionally provoked someone knowing they’d respond violently, courts will view your claim skeptically.
Withdrawing from a Fight You Started
If you initiated a confrontation but then clearly withdrew and communicated that you no longer wanted to fight, you can regain your self-defense rights if the other person continues the aggression.
Excessive Force: Proportionality Matters
You can use the amount of force reasonably necessary—no more. If the threat was non-deadly, using deadly force isn’t justified. If the threat was deadly, you can use deadly force to stop it.
The question jurors ask: was the force you used proportional to the threat you faced?
Non-Deadly vs. Deadly Force Scenarios
- Non-deadly threat (pushing, shoving, punching): You’re generally justified in using non-deadly force to stop it. Using a weapon or striking with deadly intent crosses the line.
- Deadly threat (someone pulling a gun, advancing with a knife, significant size/number advantage suggesting lethal intent): You’re justified in using deadly force.
- Ambiguous threat: You reasonably believed it was deadly (they had their hand in their pocket as if reaching for a weapon, they were much larger and advancing aggressively). Reasonable belief matters.
Special Circumstances: Third-Party Defense and Property Defense
Defending Others
You can use force to protect a third person facing the same threats you could protect yourself against. If your friend, family member, or even a stranger is being attacked, you have the legal right to intervene with force if necessary.
The same rules apply: you can only use force that’s reasonably necessary, and the person you’re defending must not have been the initial aggressor.
Defending Property
You can use deadly force to protect property only during nighttime (9 p.m. to dawn) and only if you cannot safely retreat or obtain help from law enforcement. This is narrower than the protection for defending people.
Building Your Self-Defense Case
If you’ve been charged with murder or aggravated assault and self-defense is your reality, here’s what we do:
Investigate the aggressor’s actions before the confrontation. Did they have a history of violence? Were they the one escalating? What statements did they make?
Examine physical evidence. Injuries on both parties tell a story. Weapon locations matter. Forensics around the confrontation matter.
Secure witness statements immediately. Witnesses are critical to establishing what a reasonable person would have believed.
Document your injuries and damages. Photos, medical records, and evidence of trauma strengthen your credibility.
Prepare for trial if necessary. We don’t shy away from serious cases. Our team has tried murders and aggravated assaults. We know how to present self-defense to a jury.
We represent people facing serious charges in San Antonio and throughout Texas. We understand that confrontations happen, that self-defense is real, and that Texas law protects your right to protect yourself. We also understand that prosecutors will argue for conviction if given the chance. Our job is to ensure that jury understands the law, the evidence, and your right to defend yourself.
If you’re facing murder or aggravated assault charges and self-defense is part of your story, call us at 210-750-4490. We’re serious lawyers for serious situations.
