Texas has some of the strongest self-defense laws in the country, but "strong" is not the same as "unlimited." Whether a shooting is a justified act of self-defense or a murder or aggravated assault charge comes down to Texas Penal Code § 9.32. Former prosecutors Brian Foley and Luis Baez break the statute down in this video.
The basic rule
Under § 9.32(a), a person is justified in using deadly force against another if they would be justified in using force under § 9.31 (self-defense) and they reasonably believe deadly force is immediately necessary either to protect against the other'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.
Two words carry the weight: immediately and reasonably. Deadly force used after the threat has ended, or in response to a threat a reasonable person would not have perceived as deadly, is not justified.
The Castle Doctrine presumption
Section 9.32(b) creates a presumption that your belief was reasonable if the person you used force against was unlawfully and with force entering — or attempting to enter — your occupied habitation, vehicle, or place of business, or was attempting to remove you from one, or was committing one of the listed violent crimes. The presumption applies only if you did not provoke the person and were not otherwise engaged in criminal activity beyond a Class C traffic offense. Read more on the Castle Doctrine page.
No duty to retreat
Texas eliminated the duty to retreat in 2007. Under § 9.32(c), a person who has a right to be present at the location, has not provoked the other person, and is not engaged in criminal activity is not required to retreat before using deadly force. A jury may not even consider whether you retreated when deciding whether your belief was reasonable.
How this plays out in a Harris County courtroom
Justification is a defense the State must disprove beyond a reasonable doubt once it is raised by the evidence. That means the details — who advanced on whom, what was said, what weapons were visible, what the 911 call captured, and what the physical evidence shows — decide the case. As members of the Harris County and Montgomery County DA offices, Brian and Luis evaluated self-defense claims from the prosecution side. They now use that experience to present the justification before a grand jury, in pretrial motions, and at trial.
If you used a weapon to defend yourself or your family, the most important thing you can do is stay silent and get a lawyer immediately. Call or text (713) 703-1718 for a free, confidential consultation.