Texas Self-Defense Laws: When Can You Legally Use Force?

Texas has some of the strongest self-defense laws in the nation. Under certain circumstances, a person is legally justified in using force—including deadly force—to protect themselves or others against unlawful threats. These laws are primarily governed by Texas Penal Code Sections 9.31–9.33, which outline when and under what conditions a person may use force or deadly force.

Self-defense is a powerful legal justification, but it has limits, and avoiding violence is typically preferable to being arrested and having to assert self-defense in court. If your actions do not align with the legal requirements for self-defense, you may still face criminal charges. This is why seeking experienced legal representation is critical if you have been charged with a crime involving self-defense in Houston.

How Can I Claim Self-Defense in Texas?

Self-defense is a legal justification for actions that might otherwise result in criminal charges and is frequently raised in the Houston area. When properly raised, it can be a complete defense, meaning you could be found not guilty if the prosecution fails to disprove it beyond a reasonable doubt. In Texas, self-defense can be used as a defense against charges such as:

Burden of Proof in Self-Defense Cases

A defendant has the initial burden of raising some evidence that they acted in self-defense. Once self-defense is raised, the prosecution must disprove self-defense beyond a reasonable doubt. If the prosecution has not disproven self-defense, or if there is still reasonable doubt, the defendant must be acquitted (found “not guilty”). 

This burden of proof makes self-defense a powerful legal strategy, but one that requires careful presentation and legal expertise.

When is Self-Defense Legal in Texas?

In Texas, the rules for self-defense are different depending on whether non-deadly or deadly force is used, or force is used to protect a third-person or property. It is always best to avoid a violent confrontation. But understanding the self-defense rules in Texas can help you act within your rights if you are ever forced to use violence to protect yourself, someone else, or your property. 

Non-Deadly Force

Under Texas Penal Code 9.31, a person is justified in using non-deadly force against another when they reasonably believe the force is immediately necessary to protect themselves from the other’s unlawful use of force.

However, self-defense is not justified in situations where:

  • The person provoked the use of force against them.
  • The force was used solely in response to verbal provocation.
  • The person was resisting a lawful arrest or search (unless the officer used excessive force first).

Presumption of Reasonableness

In certain cases, the law presumes that using force is reasonable, particularly when force is used against someone who:

  • Unlawfully and forcefully entered (or attempted to enter) the person’s home, business, or vehicle.
  • Attempted to remove the person from their home, business, or vehicle.
  • Was in the process of committing aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

This presumption makes self-defense claims stronger in home invasion and violent crime scenarios.

When is Deadly Force Permitted?

Deadly Force in Self-Defense

Under Texas Penal Code 9.32, deadly force is justified when:

  1. The person was already justified in using non-deadly force under Texas law.
  2. The deadly force was immediately necessary to:
    • Protect against another’s use (or attempted use) of unlawful deadly force.
    • Prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Limitations on Deadly Force

Deadly force is not justified when:

  • The person claiming self-defense provoked the altercation.
  • The person was engaged in criminal activity at the time (e.g., a felon in possession of a firearm).
  • The force was used recklessly and resulted in harm to an innocent bystander (Texas Penal Code 9.05).

Castle Doctrine vs. Stand Your Ground: What’s the Difference?

Texas has a Castle Doctrine and Stand Your Ground Law, both of which remove the duty to retreat when defending yourself in certain situations.

The Castle Doctrine

The Castle Doctrine applies when a person is attacked in a place where they have a legal right to be (e.g., their home, vehicle, or business). In these cases, a person does not have to retreat before using force—even deadly force.

Stand Your Ground

Texas law also allows individuals to stand their ground in self-defense situations. This means that as long as they are in a place they are legally allowed to be, they do not have to retreat before using force or deadly force if justified.

Can I Use Self-Defense to Protect Someone Else?

Under Texas Penal Code 9.33, a person is justified in using force or deadly force to protect another person if:

  • They would be justified in using force to protect themselves in the same situation.
  • They reasonably believe the force is immediately necessary to protect the third person from imminent unlawful force.

Can I Claim Self-Defense Against a Police Officer?

Generally, resisting arrest—whether lawful or unlawful—is not justified. However, under Texas law, a person may use reasonable force to resist if:

  • The police officer first used excessive force before the person attempted to resist (Texas Penal Code 9.31(c)).

This area of law is complex, and self-defense against police officers is rarely successful unless excessive force is clearly documented.

When Can I Use Force to Protect My Property?

Under Texas Penal Code 9.41, a person may use reasonable, non-deadly force to prevent:

  • Trespassing on their property.
  • Unlawful interference with their possessions.

When Can Deadly Force Be Used to Protect Property?

Under Texas Penal Code 9.42, deadly force may be used if:

  1. It was immediately necessary to prevent the commission of arson, burglary, robbery, aggravated robbery, theft at nighttime, or criminal mischief at nighttime.
  2. The person reasonably believed there was no other way to protect or recover the property.

Texas Self-Defense FAQ: Common Questions Answered

Do I Have to Testify to Prove Self-Defense?

No, a defendant is not required to testify to claim self-defense in Texas. If there is any evidence—such as witness testimony, surveillance footage, or forensic analysis—that suggests self-defense, the jury can consider it without the defendant taking the stand. However, in some cases, testifying may help strengthen the claim by providing context to the defendant’s actions. A skilled self-defense attorney can advise on whether testifying is in your best interest.

Can I Claim Self-Defense in a Domestic Violence Case?

Yes, self-defense can be used as a legal defense in domestic violence cases if you were protecting yourself from an immediate threat of harm. Texas law allows the use of reasonable force to stop an attack, including against a spouse, partner, or family member. However, self-defense may not apply if:

  • You were the initial aggressor.
  • The force used was excessive or continued after the threat ended.
  • There is no evidence of immediate danger (e.g., no history of violence, no injuries, or lack of witness testimony).

Under Texas Code of Criminal Procedure 38.371, evidence of past violence in the relationship may be used to support your defense. Because these cases are complex, consulting an experienced attorney is essential.

Can I Use Self-Defense If I Mistakenly Thought I Was in Danger?

Yes, as long as the belief that force was necessary was reasonable under the circumstances.

When Can You Lose the Right to Use Self-Defense?

You can lose the right to claim self-defense in Texas if:

  • You were the initial aggressor – If you started the altercation, self-defense is not justified unless you clearly withdrew and the other person continued attacking.
  • You used excessive force – Your response must be proportionate to the threat. Using deadly force against a minor physical altercation may not qualify as self-defense.
  • You provoked the attack – If you intentionally provoked another person into attacking, you may not claim self-defense unless you tried to retreat and were still attacked.
  • You were committing a crime – If you were engaged in illegal activity at the time of the incident, your right to self-defense may be invalidated.

What If I Started the Fight? Can I Still Claim Self-Defense?

Generally, no. However, if you withdrew from the altercation and communicated your intent to stop, but the other person continued attacking, self-defense may still apply.

What Should I Do If I’m Arrested for Acting in Self-Defense?

  • Remain silent and avoid making statements to law enforcement.
  • Consult an experienced criminal defense attorney immediately.
  • Gather any evidence (videos, witness statements, injuries) that support your claim.

Why Hire a Texas Self-Defense Attorney?

Attorney Jose Ceja is a former prosecutor with extensive experience defending self-defense claims in the Houston area. He understands how prosecutors build cases and knows how to challenge their arguments effectively. Mr. Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is recognized as a Texas Super Lawyer. 

Charged after defending yourself? Contact Ceja Law Firm today for a free consultation. We are experienced in Texas self-defense laws and will fight to protect your rights. We are committed to protecting your rights and ensuring the best possible defense.