Se Habla Español
Stay Informed & Familiar with Our Firm Criminal Defense, Immigration & Disability News

Texas' Self Defense Laws

In the state of Texas, lawmakers understand that there are times when violence and assault are necessary tactics in self-defense. When in the presence of danger, many times Americans need to battle back with violent means in order to protect their safety. According to The Texas Constitution, Article 1 and Section 23, every citizen has the right to keep and bear arms for defend her or himself. If a man or woman uses force because there was a legitimate danger or a need for self-defense then that person cannot be prosecuted for a violent crime. The use of force against another is not justified in Texas is the force is in response to a verbal provocation but there was no reason to prove that violence would follow. As well, if a person uses force to resist an arrest of search made by a peace officer, this is also illegal.

If a person consented to the exact force used or attempted by his or her perpetrator or provoked another person to use unlawful force and then fought back in self-defense, this is illegal as well. Texans are allowed to carry weapons but only when they are in line with the statutes in Section 46.02. As well, the use of force and arrest is justified if the actor offers any resistance and the peace officer uses greater force than necessary to have his or her way. As well, if the actor believes that the force is necessary to protect him or herself from a greater force than necessary it is warranted. As well, Texas law maintains that if an actor abandons an encounter and then comes back to do violence this may not be protected as a self-defense tactic. If you need more information, then you need to contact the Zendeh Del Law Firm, PLLC today. If you are being charged for a violent crime and want to argue that you committed the act in self-defense, then you need to contact an attorney at this firm today to get optimal representation on your case!