Managing Attorney
Domestic violence – known as assault-family violence in Texas – is a serious offense that can lead to long-lasting consequences. Although most first-time assault-family violence cases in Texas and the Houston area are filed as misdemeanors, a conviction can still lead to a permanent criminal record as well as the loss of a person’s freedom and right to own a firearm.
One common defense in assault-family violence cases is self-defense. In Texas, a person generally has a right to use reasonable force to defend himself against another person’s unlawful use of physical force. But how does the law of self-defense impact domestic violence cases? How do you prove self-defense when faced with a charge of assault-family violence?
What is the law on self-defense in Texas?
The law on self-defense is contained in Texas Penal Code 9.31-9.32. In Texas, a person is typically justified in using non-deadly force against another when and to the degree he reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force.
To be justified in using deadly force, a person must first be justified in using non-deadly force as explained above. If a person is entitled to use non-deadly force, then deadly force is justified when and to the degree the person using deadly force reasonably believes deadly force is immediately necessary to protect against the other’s use or attempted use of unlawful deadly force, or to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery.
Probably the most important thing to understand about self-defense in Texas is that the use of force must be “reasonable.” It is not permitted in response to verbal provocation alone and it is usually not permitted where the person who is claiming self defense provoked the other’s use of force in the first place.
There are many other nuances and exceptions to the law of self-defense in Texas and you should always consult with an experienced criminal defense attorney to understand how deadly force may impact your case.
How is self-defense raised and established in an assault-family violence case?
To establish a strong self-defense claim, your attorney must first conduct his own investigation. Of course, the exact nature of the self-defense argument will vary based on the facts of a case, but in general, an attorney must attempt to obtain evidence showing that reasonable force was used by the defendant only after force was unlawfully used – or attempted – by the alleged victim. Evidence of self-defense can come from any source, including witness testimony, photographs, videos or medical records.
Several months ago, our law firm represented a man who was accused of assault-family violence by strangulation (which is a third-degree felony in Texas). Our client was always adamant that he only acted in self-defense by momentarily holding down his significant other after she attacked him repeatedly. The nature of the injuries and photographs obtained by our office corroborated his story (there were no independent witnesses) and he testified at trial, where we raised self-defense. The jury found him “not guilty.”
Self-defense is typically raised at trial (although on occasion it can be raised through a grand jury packet in a felony case). In order for the jury to be able to consider a self-defense claim, and be instructed on the law of self-defense when they decide the case, evidence of self-defense must be raised by some source at the trial (in other words, a jury cannot be instructed on self-defense unless it is raised by the evidence). Evidence of self-defense very frequently comes from the defendant, but it can also come from other sources.
In a trial, an effective defense attorney should start building a self-defense claim at the time of jury selection (known as “voir dire”). During jury selection, an attorney has the opportunity to ask jurors questions about their belief on virtually any relevant topic, including how they view the right of self-defense and, for example, whether they believe that self-defense could ever be justified against a woman.
At Ceja Law Firm, our office has obtained acquittal (verdict of “not guilty”), grand jury no-bills and dismissals in cases where self-defense has been raised. If you are charged with domestic violence or any violent offense in the Houston area, call Ceja Law Firm today for a free consultation.
