May 5, 2025
Understanding the distinction between assault and self-defense in Texas can make the difference between facing criminal charges and lawfully defending yourself.
What Constitutes Assault in Texas?
Under Texas law, assault occurs when someone:
- Intentionally, willfully, or carelessly injures another individual
- Knowingly or purposely threatens someone else with impending physical harm
- Intentionally or knowingly causes physical contact with another that could reasonably be considered offensive or provocative
These definitions are specified by Texas law and serve as the foundation for assault charges, which can vary from misdemeanors to felonies based on the situation, weapons used, and the relationship between individuals.
In Texas, assault charges can result in severe penalties:
- Simple assault is usually a Class A misdemeanor, which carries a maximum sentence of 1 year in county jail and/or a maximum fine of $4,000.
- Aggravated assault is a second-degree felony that carries a maximum sentence of 2 to 20 years in prison and/or a fine of up to $10,000. It involves the use of a deadly weapon or serious bodily harm.
- Assault against family members, public servants, or certain protected classes may carry enhanced penalties
Self-Defense Laws in Texas
Texas has some of the strongest self-defense laws in the nation, codified under Subchapter C, Chapter 9 of the Texas Penal Code , which addresses justifications excluding criminal responsibility.
Section 9.31: Self-Defense Defined
Texas Penal Code 9.31 defines self-defense as follows: “A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.”
This foundational definition establishes several key elements that must be present for a valid self-defense claim:
- Reasonable belief: The person must reasonably believe they face danger
- Immediate necessity: The threat must be imminent, not future or past
- Proportional response: The force used must be proportionate to the threat
Key Requirements for Valid Self-Defense Claims
In order to successfully assert self-defense in Texas, you must demonstrate that you were not the first aggressor in the altercation, that you only used the bare minimum of force required to defend yourself, and that you had a reasonable belief that force was required to prevent someone else from using unlawful force.
Furthermore, Texas law restricts the use of self-defense in specific situations, such as responding to verbal provocation only, resisting an officer during an arrest (even if unlawful), consenting to the force used against you, or initiating the violent encounter.
The Castle Doctrine (“Stand Your Ground”) Laws
Texas’s self-defense framework includes robust protections for those defending themselves in their homes, vehicles, or workplaces—commonly known as the Castle Doctrine—as well as a “Stand Your Ground” provision that removes any duty to retreat.
The Castle Doctrine, outlined in Texas Penal Code sections 9.31, 9.32, and 9.33, states that individuals have the right to use force or deadly force in self-defense without the obligation to retreat if they are in their residence, vehicle, or place of work. The law presumes that your use of force was reasonable if someone:
- Unlawfully and forcibly enters your home, vehicle, or workplace
- Attempts to forcibly remove you from your home, vehicle, or workplace
- Commits or attempts certain violent crimes, including aggravated kidnapping, murder, sexual assault, aggravated robbery, or aggravated sexual assault
No Duty to Retreat
According to Texas Penal Code §9.31(e), you are not required to retreat before using force if all three of the following conditions are met:
- You have a right to be present at the location where force is used
- You have not provoked the person against whom force is used
- You are not engaged in criminal activity (other than minor traffic violations) at the time
This is Texas’s version of a “Stand Your Ground” law, though the phrase “Stand Your Ground” does not actually appear in Texas statutes, despite its common use in media discussions.
Deadly Force vs. Non-Deadly Force
Deadly force is defined as force intended or known to cause, or in the manner of its use is capable of causing, death or serious bodily injury. Non-deadly force covers all other uses of force that fall below this threshold.
For deadly force to be justified, a person must first be justified in using force under Section 9.31, and they must reasonably believe deadly force is immediately necessary to protect against another’s use or attempted use of unlawful deadly force or to prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery, as outlined in Section 9.32.
The Burden of Proof in Self-Defense Cases
In self-defense claims, the burden of proof shifts to the defense lawyer, who is responsible for demonstrating that the defendant faced imminent danger and believed using force was necessary to prevent severe harm. However, once a defendant provides evidence in support of self-defense, the prosecution must definitively refute the self-defense claim.
This indicates that while you are required to present evidence of self-defense initially, the prosecutor is responsible for demonstrating that you did not act in self-defense.
Notable Texas Self-Defense Statistic
While comprehensive statistics specific to self-defense claims in Texas assault cases are limited, a 2015 study found that only 12 of 146 self-defense shootings nationwide led to charges against the shooter, with Texas having the most such shootings (45), but only 2 resulting in charges.
What To Do If Charged with Assault While Acting in Self-Defense
If you’ve been charged with assault but believe you acted in self-defense:
- Talking to the police without an attorney present is not advised because anything you say could be used against you.
- Keep a record of everything. Gather witness statements, injury photos, and any additional proof.
- Seek medical help so that your injuries can be officially documented.
- Speak with a knowledgeable criminal defense lawyer right away. Self-defense situations call for specific legal expertise.
Wrapping Up: The Fine Line Between Assault and Self-Defense
The distinction between criminal assault and lawful self-defense often hinges on specific circumstances, reasonable belief, proportionality of response, and who initiated the conflict. Texas law provides robust protections for those defending themselves, especially in their homes or workplaces, but these protections are not absolute.
Understanding these legal distinctions is crucial for all Texans. While the right to self-defense is well-established in Texas law, the specific application depends on the unique circumstances of each case. If you find yourself in a situation where self-defense becomes necessary, remember that your actions must be reasonable, proportional, and immediately necessary to protect against unlawful force.
Need Legal Assistance?
If you’re facing assault charges in Houston or need guidance on self-defense laws in Texas, contact the assault defense team at The Napier Law Firm for experienced legal representation.
Our specialized attorneys understand the nuances of Texas self-defense laws and have a proven track record defending clients against assault charges. Don’t face these complex legal challenges alone; reach out today for a free consultation with attorneys who will fight to protect your rights and freedom.