Difference Between Self-Defense & Assault

When someone threatens your safety or well-being, knowing your rights under Texas self-defense laws can mean the difference between protecting yourself legally and facing serious criminal charges. Texas has some of the most powerful self-defense protections in the nation, but these laws come with specific limitations that every Texan should understand.

Whether you're facing an immediate threat or dealing with the aftermath of a self-defense situation, understanding when and how you can legally protect yourself is everything if you want to avoid prosecution and preserve your freedom.

Keep reading all about the Texas self-defense laws, or get in touch with the Austin assault lawyers at Smith & Vinson at 512-368-9044 to put experienced assault defense in your corner.

What self-defense is legal in Texas?

Texas law recognizes your fundamental right to protect yourself when facing an imminent threat. Under Texas Penal Code § 9.32, you are legally justified in using force against another person if you reasonably believe that force is immediately necessary to protect yourself from the other person's use or attempted use of unlawful force.

Texas self-defense law allows you to use force under the following circumstances:

You must reasonably believe that the force you use to defend yourself is necessary — a belief that any ordinary person in the same situation would also hold.
You cannot be the initial aggressor or have provoked the confrontation with intent to cause harm.
The threat you are responding to must be immediate — not revenge for a past incident or preemptive action against a potential future threat.
Your response (and therefore the force you use) must be proportional to the level of threat you're facing.

The timing of your response is important. Self-defense must be proportionate and in response to an immediate threat, not protection against some vague future threat. If someone threatens to hurt you next week, you cannot legally harm them today and claim self-defense.

The self-defense laws in Texas have limits

While Texas self-defense laws are generous compared to many states, they are not unlimited. Several important restrictions govern when and how you can claim self-defense. Some key limitations that impact self-defense claims include:

No criminal activity: You cannot claim self-defense if you were engaged in criminal activity at the time of the incident.
Proportional force required: The force you use must match the level of threat you reasonably perceive.
No consent defense: You cannot claim self-defense if you consented to the activity that led to the use of force (such as mutual combat outside a bar).
Reasonable belief standard: You must have a reasonable belief that force is immediately necessary.
No initial aggressor protection: You cannot provoke a confrontation and then claim self-defense.

If you were engaged in criminal activity, used a disproportionate amount of force, or provoked the harm from which you were defending yourself, it will be very difficult to successfully claim self-defense.

It’s important to note that self-defense is not a get-out-of-jail-free card for assaultive actions: it’s an affirmative defense to a criminal charge. You will often still have to go through the legal system for your charge, and it is up to your attorney to prove that you were acting in self-defense.

The Stand Your Ground Law in Texas

Texas is a "Stand Your Ground" state, meaning you generally have no duty to retreat before using force in self-defense, even if you could safely do so. This law (codified in Texas Penal Code § 9.32) allows you to stand your ground and defend yourself rather than fleeing from a threat.

Under Texas Stand Your Ground Law, which refers to specific statutory language but is really just a colloquialism for the Assault Penal Code in its entirety, you can use force to protect yourself, and you don't have to retreat first. This applies whether you're in your home, your workplace, your vehicle, or any other location where you have a legal right to be.

The Castle Doctrine in Texas

Like the Stand Your Ground Law, the Texas Castle Doctrine also refers to specific provisions in the Texas Assault Penal Code (Texas Penal Code § 9.32). It essentially provides enhanced protection for defending your home, vehicle, and workplace.

The Castle Doctrine creates a presumption that you acted reasonably if you use deadly force against someone who unlawfully and with force enters or attempts to enter your occupied home, vehicle, or workplace. This presumption applies even if the intruder is not armed, as long as they used force to enter.

For the Castle Doctrine to apply, several conditions must be met:

The person must have unlawfully entered or attempted to enter your property with force.
You must have known or had reason to believe the entry was unlawful.
The person you used force against must not have been a law enforcement officer performing official duties, unless they entered unlawfully or you didn't know they were police.

The Castle Doctrine extends beyond just your home to include your vehicle and workplace. While the protection is not absolute, the Castle Doctrine in Texas provides strong protections for homeowners, business owners, and vehicle occupants who defend themselves against intruders.

Can you fight back if someone hits you in Texas?

If someone hits you in Texas, you generally have the right to defend yourself using reasonable force. The key is that your response must be proportional to the threat you're facing and necessary to protect yourself from further harm. You cannot escalate a minor altercation into a deadly force encounter without justification.

For example, if someone slaps you during an argument, you can defend yourself, but you probably can’t cause them bodily injury unless they pose a serious threat doing the same to you. Your response should match the level of threat you're facing.

The timing of your response also matters. Self-defense must be in response to an immediate threat, not retaliation for a past incident. If someone hits you and then walks away, you generally cannot chase after them and hit them back while claiming self-defense.

If you're involved in a domestic situation, the dynamics can be more complex. Domestic assault lawyers often handle cases where self-defense claims arise in the context of family violence, situations in which, due to Texas domestic violence laws, the penalties for assault can be even more severe.

What happens if you shoot someone in self-defense in Texas?

If you shoot someone in self-defense in Texas, you will likely face immediate investigation by law enforcement and probably criminal charges for assault or homicide if the shot results in the other party’s death. Even when self-defense is clearly justified, shooting someone triggers a long and arduous legal process.

The following will likely happen after shooting someone in self-defense:

Police investigation: Thorough scene investigation including witness interviews, photography, and evidence collection
Questioning: You will likely be questioned about the incident (request an attorney before making statements)
Arrest: You may be arrested and charged while the investigation continues
Evidence review: Prosecutors will examine all evidence to determine whether to file charges

What happens after the review of the evidence can vary dramatically depending on the circumstances. If your self-defense claim is successful, charges may be dismissed or you may be found not guilty at trial. However, if prosecutors convince a jury that your actions weren't justified, you could face serious felony charges including manslaughter or murder.

Even in justified self-defense situations, you may face a civil lawsuit from the person you shot or their family. While Texas law provides some protection against civil liability in justified self-defense cases, civil proceedings can still be costly and stressful.

What is the burden of proof for self-defense in Texas?

Because self-defense is what's known as an "affirmative defense" in Texas, you (or preferably your attorney) must present evidence supporting your claim that your actions were justified. Once you present evidence of self-defense, the burden shifts to the prosecution to prove beyond a reasonable doubt that your actions were not justified.

This is how the burden of proof works in most self-defense cases:

Initial burden on defendant: You must present sufficient evidence to raise the self-defense issue
Burden shifts to prosecution: Once self-defense is raised, prosecutors must prove beyond a reasonable doubt that your actions were NOT justified
Standard of evidence: You don't have to prove conclusively that you acted in self-defense, just present sufficient evidence
Reasonable doubt standard: If reasonable doubt exists about the prosecution's case, you should be found Not Guilty

You don't have to prove conclusively that you acted in self-defense. Instead, you must present sufficient evidence to raise the issue, and then prosecutors must prove that you didn't act in self-defense. Presenting an effective self-defense case requires significant knowledge of Texas assault and homicide laws and experience arguing in a court of law — so make sure you’ve got a skilled Texas criminal lawyer in your corner to present your case.

The Texas self-defense laws are only as good as the attorney invoking them. Call Smith & Vinson for defense.

Understanding your rights under Texas self-defense laws is only the first step. When you're facing criminal charges after defending yourself, the quality of your legal representation can determine whether you go home or go to prison. Texas self-defense laws provide strong protections, but only if they're properly invoked and argued by an experienced criminal defense attorney.

Self-defense cases often involve complex legal and factual issues. Was the threat immediate? Was your response reasonable? Did you have other options? These questions require compelling answers and strategic presentation. Our team of aggravated assault lawyers in Austin know how to build compelling self-defense cases that protect our clients' freedom.

Whether you're facing Class C misdemeanor assault charges or charges for felony assault with a deadly weapon, the stakes are too high to handle alone. Call Smith & Vinson at 512-368-9044 or contact us online today for a free consultation. Our assault attorneys are standing by to defend your future.