Houston Criminal Attorney - Texas Penal Code 9.32 Deadly Force in Defense of Person
- Brian Foley
- Nov 18
- 5 min read
Houston Criminal Attorney - Texas Penal Code 9.32 Deadly Force in Defense of Person
In the Lone Star State, the right to defend yourself is enshrined in law, but it's not a free pass to escalate violence without limits. Texas has some of the strongest self-defense statutes in the nation, including the "Castle Doctrine," which empowers individuals to protect their homes, vehicles, and persons. At the heart of this framework is Texas Penal Code § 9.32: Deadly Force in Defense of Person. If you've ever wondered when you can legally use deadly force—or if you're facing charges after a self-defense incident—this post breaks it down step by step. The bottom line is that you better be afraid that someone is going to kill you RIGHT NOW! Prospective threats and verbal provocation alone won't cut it.
As experienced Houston criminal defense attorneys, we've helped countless clients navigate these complex laws. Remember, this is for educational purposes only and not a substitute for personalized legal advice. Let's dive in.
The Foundation: Linking to Non-Deadly Force Under § 9.31
Before deadly force comes into play, Texas law requires that your actions start with a baseline of justified non-deadly force. Under § 9.31, you can use force against someone if you reasonably believe it's immediately necessary to protect yourself from their unlawful force. Deadly force builds on this—it's the next level when the threat escalates.
In short: You can't jump straight to lethal measures without a reasonable fear of unlawful deadly force being used against you. But once that threshold is crossed, § 9.32 provides clear guardrails.
When Is Deadly Force Justified? Breaking Down § 9.32(a) by a Houston Criminal Defense Attorney
The core of the statute states that a person is justified in using deadly force if two conditions are met:
You'd be justified in using non-deadly force under § 9.31. This means the other person is posing an unlawful threat that warrants some level of response.
You reasonably believe deadly force is immediately necessary to:
(A) Protect yourself from the other's use or attempted use of unlawful deadly force (e.g., they're coming at you with a weapon), or
(B) Prevent the other's imminent commission of serious crimes like aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
The key word here is "imminent." The threat has to be happening right now—not a vague future danger. "Reasonable belief" is judged from your perspective in the heat of the moment, not with 20/20 hindsight.
The Presumption of Reasonableness: § 9.32(b) – Your "Castle" Shield
Texas goes further with a presumption that your belief in the necessity of deadly force is reasonable. This is the famous "Castle Doctrine" in action. The presumption kicks in if:
You knew or reasonably believed the intruder:
(A) Unlawfully and forcibly entered (or tried to) your occupied home, vehicle, or workplace;
(B) Unlawfully and forcibly tried to remove you from one of those places; or
(C) Was committing or attempting one of those serious crimes from (a)(2)(B).
You didn't provoke the confrontation.
You weren't engaged in criminal activity at the time (except minor traffic violations like a Class C misdemeanor).
Prosecutors must now prove your belief was unreasonable, rather than you proving it was reasonable. It's a powerful tool for homeowners and business owners in Texas.
No Duty to Retreat: § 9.32(c) and (d) – Stand Your Ground in Texas
Texas is a "stand your ground" state, meaning you don't have to run away before defending yourself. Under § 9.32(c), if:
You have a legal right to be at the location (e.g., your home or public street),
You didn't provoke the attacker, and
You're not engaged in criminal activity,
You have no duty to retreat before using deadly force as outlined in the section.
Even better, § 9.32(d) instructs juries: They cannot consider your failure to retreat when deciding if your belief was reasonable. This removes any "why didn't you just run?" second-guessing.
Why This Matters: The Stakes in a Self-Defense Case
Self-defense claims can make or break a criminal case, but they're scrutinized heavily. What feels like a clear-cut act of protection to you might look like excessive force to a prosecutor. Factors like witness statements, video evidence, and your criminal history (if any) all play in. The 2007 amendments to § 9.32 strengthened these protections, but courts still demand proof of reasonableness.
At Houston Criminal Defense Attorneys PLLC, we've defended clients in everything from home invasions to bar fights, leveraging § 9.32 to secure dismissals, acquittals, and reduced charges. Texas law favors the defender, but you need a skilled advocate to make that case.
Final Thoughts: Know Your Rights, But Call a Professional
Texas Penal Code § 9.32 empowers you to protect yourself and your loved ones without fear—but only when the law truly applies. Missteps can lead to manslaughter or murder charges, turning a defender into a defendant.
If you're facing investigation or charges related to self-defense, don't go it alone. Contact the team at Houston Criminal Defense Attorneys PLLC today for a confidential consultation. We're here 24/7 to fight for your freedom.
Call us at 713-703-1718 or visit www.houstoncriminaldefenseattorneyspllc.com to schedule your free case review.
Disclaimer:Â This blog post is for informational purposes only and does not constitute legal advice. Laws can change, and every case is unique. Always consult with a qualified attorney for guidance specific to your situation.
The Texas Statute Text:
 Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 3, eff. September 1, 2007.