Self-Defense vs Assault in Texas

Here in Texas, people have a legal right to protect themselves and their loved ones. However, what is considered self-defense, and what is considered criminal assault? Many people in the state don't realize how thin the line between self-defense and assault is. It can be a moment of fear, a quick reaction, or even a well-meaning act of protection, but it can also be considered assault.

Those who have found themselves in a situation where they are charged with assault, but believe their actions were self-defense should know how Texas self-defense laws work. They should also reach out to an experienced criminal defense attorney at Sparks Law Firm to start building their defense strategy. They can advise on assault vs aggravated assault in Texas.

What is Considered Assault in Texas?

Texas Penal Code §22.01 defines assault in Texas as:

• Intentionally causing bodily harm to another person

• Threatening another person with imminent harm

• Physical contact with someone that is provocative or offensive

Anything from a verbal threat where someone has a reasonable belief that their life or safety is in danger to a punch in the face can be assault. The charges can be elevated to aggravated assault if a weapon is used or if the alleged victim is part of a specific group of people, including public servants, a family member, police officer, or elderly individual. These are felony offenses. For more information, hire a criminal defense law firm in Fort Worth.

What is Self-Defense in Texas?

Texas law has been written to acknowledge that people have the right to defend their property, themselves under certain circumstances. This is all laid out in Texas Penal Code Chapter 9, and it allows people to use force, including deadly force, to protect themselves. However, certain conditions must be met.

To have a legal defense strategy for self-defense, the individual must have reasonably believed that they were in immediate danger and had to protect themselves. The threat faced must also be in imminent threat, and the force used must be proportional to the threat. Too much force can push the action from an act of self defense, where the courts will exclude criminal responsibility, to charges of assault.

Texas has "Stand Your Ground" laws in place, too, which means a person does not have to retreat before they use reasonable force if they are in a place where they are legally allowed.

Deadly Force and the Castle Doctrine

Texas is also a Castle Doctrine state. This means that an individual can lawfully use deadly force to defend themselves in their home, workplace, or vehicle under specific conditions.

In other words, they do not have to retreat before using self-defense strategies, but only in certain situations.

For instance, if a person is in their home, vehicle, or place of business, and someone forcibly enters, the Castle Doctrine would apply. However, the accused must be able to prove that they were not engaging in criminal activity, and that they did not provoke the alleged victim. How much force is too much, though? When does it become unlawful force? This is why having a criminal defense attorney is important. They can also share insight on domestic violence vs assault in Texas.

When Does Self-Defense Turn into Assault?

Things can get tricky and confusing when someone is trying to decide if an action is self-defense or assault. Not all self defense cases will hold up in court, and prosecutors will look very closely at every claim. If someone has been arrested, or there is a possibility that an act of self-defense could be upgraded to assault charges, they should get an attorney as soon as possible.

Here are some common scenarios where self-defense becomes a charge of assault:

The Accused Provoked the Incident

If the accused person started a fight or made threatening statements, this might not be seen as self defense.

The Accused Used Excessive Force

A person can use only enough force to prevent harm. If another person shoved the accused, they have to use proportionate force for it to be self defense. If the accused pulled a knife after getting shoved, this could be considered disproportionate force, which could lead to an assault charge.

There Was No Threat

Understanding a self-defense defense means that the person would know that there has to be a perceived threat. However, if the accused cannot prove that, they could still be charged with assault.

The Accused Was Engaged in an Illegal Activity

Texas law doesn't offer a self-defense option to those were were involved in a crime. For instance, if the accused was robbing a store, and they are caught by a police officer who used force, they can't use a self-defense claim. Instead, it would likely be an aggravated robbery or other type of assault.

Legal Penalties for Assault in Texas

If a self-defense claim turns into a criminal case, there are certain penalties that the courts may assign:

Class C Misdemeanor Assault

A Class C Misdemeanor is the least severe Texas assault penalty. Most of the time, if the incident is considered a simple assault, it will fall into this category. If found guilty, jail time is usually not given, but there could be fines of up to $500.

Class A Misdemeanor Assault

If things get more serious, and the action caused bodily injury, there was physical violence, or force was used that was not considered reasonable, it may be classified as a Class A Misdemeanor. This comes with a jail sentence of up to a year and fines of up to $4,000.

Felony Assault

In the most severe cases, a person could be charged with a felony assault. This occurs when a serious injury, sexual assault, attack, or even murder occurs. Even if an accused person believes they are in a life or death situation, they believed that self protection was necessary, and that there was an immediate threat, they can still be held liable of violent crimes and charged with an assault.

Who Decides if it was Self-Defense or Assault?

In most cases, the accused will be hit with assault charges, and they must go through the legal process with an attorney to prove self-defense. The state, however, will be working to prove beyond a reasonable doubt, that the use of force was not justified even after claiming self defense.

An attorney must present enough evidence to prove that the other party was the aggressor, that a reasonable amount of force was used, and that the client felt threatened.

What To Do If Charged with Assault but Believe It Was Self-Defense

Those facing criminal charges but believe they acted in self-defense should not speak to police without a lawyer present. What they say could be misinterpreted and used against them.

Instead, they should remain silent, preserve evidence, and follow legal advice.

Understanding Self Defense and Assault in Texas

In Texas, the difference between self-defense and assault often lies in the details: who started the conflict, what force was used, and whether that force was reasonable. While the law gives people the right to protect themselves, it also limits that right to prevent unnecessary violence. Misunderstanding those rules can result in serious charges—even if the person believes they were defending themselves.

People in this situation should contact an experienced Texas criminal defense attorney from Sparks Law Firm as soon as possible. The sooner they act, the better the chances of building a successful defense.