Managing Attorney
Understanding Defense of Others Under Texas Law
Texas law recognizes that individuals have the right to use force, including deadly force, to protect another person under certain circumstances. This principle, known as defense of a third person, is outlined in Texas Penal Code § 9.33. However, the right to intervene is not unlimited, and using force on someone else’s behalf must meet specific legal criteria. In many cases, it may be better to avoid using force if possible, but if you are ever in the position where you must use force or deadly force to protect another person, it is important to understand the law.
When Is the Use of Force Justified to Protect Another Person?
Under Texas Penal Code § 9.33, a person is justified in using force or deadly force against another to protect a third person if:
- The person being defended would have been legally justified in using force or deadly force to protect themselves.
- The intervening party reasonably believes their intervention is immediately necessary to protect the third person from imminent harm.
This means that you essentially step into the shoes of the person being attacked, and your right to use force is judged based on whether they could have legally used force to defend themselves.
Use of Force vs. Use of Deadly Force
Texas law differentiates between non-deadly force and deadly force in defense of others:
- Non-deadly force (such as pushing or restraining someone) is allowed when necessary to protect another person from unlawful force.
- Deadly force (such as shooting a weapon) is only justified when the person being defended is facing deadly force themselves or is at risk of a violent felony like murder, aggravated assault, sexual assault, or robbery.
Example: Justified Use of Non-Deadly Force
- Scenario: You see someone aggressively shove an elderly person to the ground in a parking lot.
- Legal Analysis: You could intervene physically to stop further harm, as pushing the attacker away would be reasonable force under the circumstances.
Example: Justified Use of Deadly Force
- Scenario: You witness an armed robbery at a gas station where the suspect is pointing a gun at the cashier. The cashier is visibly terrified and unable to escape.
- Legal Analysis: Under Texas law, deadly force could be justified to protect the cashier because they are facing the imminent threat of aggravated robbery—a violent felony where deadly force is presumed reasonable.
Key Limitations on Using Force to Protect Others
Although defense of a third person is legally recognized, there are critical limitations to keep in mind:
- You must reasonably believe force is necessary – If it later turns out the person you defended was not in real danger, but you reasonably believed they were, your defense may still be valid.
- You cannot provoke the situation – If you initiated the altercation or escalated the conflict, you may lose the right to claim defense of others.
- You cannot use force based on verbal threats alone – Words alone, without accompanying physical aggression or imminent harm, are not enough to justify force.
- You must be protecting against unlawful force – If the person you are intervening against is legally justified in using force (such as a police officer making an arrest), stepping in could lead to criminal charges.
Real-World Examples of Defense of Others in Texas Cases
Case Example: Bar Fight Intervention
- Scenario: A man at a bar gets into an argument with another patron. The argument turns violent, and one patron begins punching the other repeatedly. A bystander steps in, restrains the aggressor, and in the struggle, the aggressor falls and hits his head, sustaining serious injuries.
- Legal Analysis: The bystander could argue defense of others, as the person being attacked had the right to protect themselves. However, if the bystander continued using force after the aggressor was no longer a threat, they could face assault charges.
Case Example: Home Invasion Protection
- Scenario: A homeowner hears screams from their neighbor’s house and sees an armed intruder threatening their neighbor with a knife. The homeowner retrieves a firearm and shoots the intruder before they can attack.
- Legal Analysis: The homeowner would likely be justified under Texas law, as they used deadly force to prevent an imminent violent felony (aggravated assault or murder).
How This Applies to Assault, Aggravated Assault, and Murder Cases
If you are involved in an incident where you use force to protect another person, you could still be charged with assault, aggravated assault, or even murder, depending on the severity of the injuries and whether the prosecution disputes your claim of defense.
- Assault Charges: If you intervene and physically strike someone without clear justification, you could be charged with assault.
- Aggravated Assault Charges: If you use a deadly weapon, such as a firearm or knife, your charge could escalate to aggravated assault.
- Murder Charges: If someone dies as a result of your intervention, and the prosecution argues your use of force was excessive, you could face murder charges, even if your intent was to protect another person.
This is why having an experienced criminal defense attorney is crucial if you are accused of a violent crime after defending another person.
What to Do If You Are Charged After Defending Another Person
If you have been arrested for assault, aggravated assault, or even murder after intervening to protect someone, you should:
- Remain silent – Do not provide statements to law enforcement without an attorney present.
- Gather evidence – Witness accounts, video footage, and medical records can support your defense.
- Hire an experienced criminal defense attorney – A lawyer will analyze your case and build a defense strategy based on Texas self-defense laws.
Final Thoughts: Protecting Others While Protecting Yourself
Texas law supports the right to defend others from harm, but it also places limits on when and how force can be used. If you ever find yourself in a situation where you need to protect another person, understanding these legal boundaries can help ensure you act within the law.If you or a loved one has been charged with assault, aggravated assault, or murder after defending another person, contact Ceja Law Firm today for a free consultation. Our experienced legal team will fight to protect your rights and build the strongest defense possible.
