Houston Criminal Lawyer - Texas Penal Code 9.22 Necessity

Houston Criminal Lawyer - Texas Penal Code 9.22 Necessity

Houston Criminal Lawyer - Texas Penal Code 9.22 Necessity.

When facing criminal charges in Texas, defendants may have access to certain defenses that justify their actions under specific circumstances. One such defense, outlined in Texas Penal Code Section 9.22, is known as "necessity." This statute provides a legal framework for justifying conduct that might otherwise be considered illegal, offering a lifeline in situations where breaking the law is the lesser of two evils. For expert guidance on this and other defenses, a Houston Criminal Lawyer from Houston Criminal Defense Attorneys PLLC can provide invaluable insight. Learn more at www.houstoncriminaldefenseattorneyspllc.com.

What Does Section 9.22 Say?

Section 9.22 of the Texas Penal Code states that conduct is justified if three conditions are met:

• The actor reasonably believes the conduct is immediately necessary to avoid imminent harm. This means the person must genuinely believe their actions are required right away to prevent something bad from happening.

• The desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct. In simpler terms, the harm avoided must be greater than the harm caused by breaking the law.

• A legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear. This ensures that the law being broken doesn’t explicitly rule out necessity as a defense.

Originally enacted in 1973 and amended in 1993 (effective 1994), this statute has been a part of Texas law for decades, offering a practical defense in unique situations.

Real-World Examples of Necessity

To better understand how this defense works, consider a scenario involving a forest fire in Montgomery County, Texas. Imagine you’re caught in a blaze with flames closing in. Ahead, you spot a house with "No Trespassing" signs posted. Desperate to escape, you break into the house for safety. Could you be charged with trespassing or burglary? Under Section 9.22, the answer is likely no—your actions could be justified. The immediate danger of the fire outweighs the harm of trespassing, and neither trespass nor burglary laws in Texas explicitly prohibit this defense. A Houston Criminal Lawyer could help present this case effectively, emphasizing the lack of alternatives.

Another example involves speeding. Picture a husband racing his pregnant wife to the hospital as she’s about to give birth. He’s pulled over for exceeding the speed limit, but could necessity apply? If the urgency of the situation outweighs the harm of speeding, and no law excludes necessity as a defense, it’s a viable argument. However, success might depend on proving the immediate need, and not every case guarantees a sympathetic outcome!

How Necessity Differs from Other Defenses

It’s worth noting that necessity isn’t the same as duress, another defense in Texas law. While necessity involves acting to avoid imminent harm, duress involves coercion by another person—for example, being forced to commit a crime under threat. Understanding these distinctions is where a skilled attorney, like those at www.houstoncriminaldefenseattorneyspllc.com, can make a difference.

Why This Matters in Texas

The necessity defense offers a practical option for defendants facing charges where their actions were driven by urgent circumstances. Whether it’s trespassing to escape a fire or speeding to reach a hospital, Section 9.22 recognizes that sometimes breaking the law is the only reasonable choice. Since its current form took effect in 1994, it’s been a tool for attorneys to argue on behalf of clients caught in tough spots.

If you’re facing criminal charges and believe necessity might apply, consulting a Houston Criminal Lawyer is a smart move. The team at Houston Criminal Defense Attorneys PLLC has the experience to assess your situation, explore defenses like Section 9.22, and build a strong case. Visit www.houstoncriminaldefenseattorneyspllc.com to learn how they can assist you today.