Houston Criminal Defense Lawyer explains Texas Penal Code Section 9.33: The Defense of a Third Person

When someone steps in to protect another person from harm, the law recognizes this act under certain conditions. Texas Penal Code Section 9.33 allows individuals to use force, including deadly force, to defend a third person if specific criteria are met. This legal provision can be a crucial defense if you face charges after intervening to help someone in danger. Understanding how this law works can help you know your rights and responsibilities when protecting others.

What Texas Penal Code Section 9.33 Means to a Houston Criminal Defense Lawyer.

Section 9.33 focuses on the Defense of a Third Person. It states that you are justified in using force or deadly force to protect someone else if:

• You would have been justified in using the same level of force to protect yourself from the threat you believe is directed at the other person.

• You reasonably believe that your intervention is immediately necessary to protect that person.

  
  

This means the law treats the threat to the third person as if it were a threat to you. If you honestly and reasonably believe someone is about to use unlawful force against another, you can step in with the same force you could use to defend yourself.

Key Elements of the Defense

Two main elements must be present for this defense to apply:

1. Reasonable Belief of Threat

You must have a reasonable belief that the third person faces unlawful force or deadly force. This belief is judged from the perspective of a reasonable person in the same situation, considering the stress and confusion at the moment.

2. Immediate Necessity of Intervention

Your belief must include that immediate action is necessary. It is not enough to think someone might be in danger at some point. You must believe that waiting or not acting right away would put the person at risk.

How Reasonableness Is Determined

The law does not expect perfect judgment. Instead, it looks at what you reasonably believed at the time. Courts consider:

• The facts you knew or reasonably believed.

• The urgency of the situation.

• Whether your response matched the threat level.

  
  

For example, if you see someone about to be physically attacked, and you step in with force to stop the attack, your actions may be justified. But if you use excessive force or act when the threat is not immediate, the defense may not apply.

Examples of Defense of a Third Person

Here are some situations where Section 9.33 might protect you:

• Protecting a family member who is being attacked by another person.

• Intervening when a friend is assaulted in a public place.

• Stopping a violent threat against a stranger, such as breaking up a fight where someone is about to be seriously hurt.

  
  

In each case, your belief that force was necessary and your immediate action are critical.

What Happens If You Are Charged After Defending Someone

Even if you acted with good intentions, police and prosecutors may not fully understand the situation at first. You could face charges such as assault, aggravated assault, or even homicide if deadly force was used.

If you are charged, Section 9.33 can be a strong defense. Your lawyer will review:

• What you saw and heard.

• Why you believed the third person was in danger.

• Why you thought immediate force was necessary.

  
  

This review helps show that your actions were reasonable under the circumstances.

Important Considerations When Using This Defense

• Your belief must be honest and reasonable. If you mistakenly believe someone is under threat but that belief is not reasonable, the defense may fail.

• The force used must match the threat. Using deadly force when only non-deadly force was necessary can lead to legal problems.

• The threat must be unlawful. You cannot claim defense if the third person was committing a crime or provoking the attack.

  
  

Practical Tips for Protecting Others Safely

• Assess the situation carefully before intervening.

• Call law enforcement if possible before using force.

• Use the minimum force necessary to stop the threat.

• Stay aware of your surroundings and possible escape routes.

• Document what happened as soon as possible after the incident.

  
  

Summary

Texas Penal Code Section 9.33 allows you to defend others with force if you reasonably believe they face an immediate unlawful threat and you would be justified in defending yourself in the same way. This law recognizes the importance of stepping in to protect others but also requires that your actions be reasonable and necessary.

If you find yourself charged after defending someone, this section can provide a strong legal defense. Understanding your rights and the law can help you act wisely and protect yourself legally.

If you ever face such a situation, consult a qualified attorney who can guide you through the legal process and help build your defense based on the facts and your reasonable beliefs at the time.