Скачать или смотреть Houston Criminal Defense Attorney - Texas Penal Code 9.31 Self-Defense

Houston Criminal Defense Attorneys PLLC Brian Foley and Luis Baez offer criminal justice attorney services in Harris County and Houston, Texas.

In Texas, self-defense is not simply a moral right — it is a legally recognized justification that, when properly raised and proven, can absolve someone of criminal liability. However, self-defense is not a “get out of jail free” card. As any experienced Houston assault lawyer will tell you, the right to defend yourself under Texas law depends entirely on the circumstances and whether your actions meet very specific legal standards.


This article breaks down Texas Penal Code Section 9.31, which governs the use of non-deadly force in self-defense, and explains how this statute applies in real-world situations, particularly in criminal cases involving assault charges.


The General Rule: Reasonable Belief of Immediate Necessity
Texas Penal Code § 9.31(a) provides that a person is justified in using force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force.


That phrase — “reasonably believes the force is immediately necessary” — is the foundation of all self-defense claims in Texas. It introduces both a subjective and objective test. You must have genuinely believed you needed to act to protect yourself (subjective), and your belief must be one that a reasonable person in your shoes would also have held (objective).


Legal Presumptions That Favor the Defendant
Section 9.31 also outlines specific circumstances under which your belief in the necessity of force is presumed to be reasonable. These presumptions offer a powerful legal advantage when raised correctly in court.


If, for example, someone unlawfully and forcefully entered your home or vehicle, or attempted to remove you from it, the law presumes you acted reasonably in defending yourself — so long as you were not the initial aggressor and you were not engaged in criminal activity at the time.


Let’s apply this to a common situation: Suppose you're asleep in your apartment and wake up to the sound of someone prying open your window. You yell out. The intruder enters anyway. You strike them with an object as they come toward you. Under § 9.31(a)(1)(A), your use of force would likely be presumed reasonable, provided you did not provoke the encounter and were not committing a crime.


The Limits of Self-Defense
Not every altercation permits a self-defense claim. Texas law is clear about situations where the use of force is not justified.


At Houston Criminal Defense Attorneys PLLC, we understand the stakes. We know how to present your case to prosecutors and juries, how to raise statutory presumptions in your favor, and how to challenge false accusations and police misconduct. We’ve helped countless clients in the Houston area fight back against criminal charges — and win.


To schedule a confidential consultation, visit us at www.houstoncriminaldefenseattorneyspllc.com or call our office today.