Houston · Harris County · Galveston · Fort Bend · Federal — Southern District of TexasHouston · Harris County · Galveston

The statute protects you. The process can still hurt you. Brian Foley, who reviewed self-defense shootings as a Harris County prosecutor, explains in this video what happens after the shot and what to do about it.

The 911 call

Call. Say your location, that you were attacked, that you defended yourself, and that you need police and medical. Do not describe the encounter blow by blow — the call is recorded and will be played to a grand jury. Say where the weapon is and that you will comply with officers.

The scene

When officers arrive, expect to be handcuffed; that is standard. Identify yourself. Say: "I was attacked and I defended myself. I want to cooperate, but I want to speak with my attorney before giving a statement." Point out witnesses and evidence — the attacker's weapon, the broken door, the security camera — but do not narrate. Adrenaline distorts memory, and the details you get wrong at the scene are what a prosecutor uses to argue you are lying.

The next 48 hours

Retain a lawyer immediately. The lawyer preserves the video from neighbors, businesses, and doorbell cameras before it is overwritten; interviews witnesses before their memories fade; documents your injuries; and — critically — communicates with the detective and the DA's office so that the self-defense evidence is in the file before a charging decision is made.

The grand jury

In Harris County, most self-defense shootings are referred to a grand jury whether or not an arrest was made. The grand jury hears the State's presentation and, if your lawyer has prepared one, your side — a packet with the video, the statements, and the § 9.32 analysis. Many justified shootings end there with a no-bill. The ones that go wrong are usually the ones where the defender talked at the scene and no one presented the defense to the grand jury.

Brian Foley and Luis Baez presented these cases to grand juries as prosecutors. See our self-defense page or call or text (713) 703-1718 — day or night.

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