In the state of Texas, individuals are granted the legal right to self-defense under the authority of the Texas Penal Code Chapter 9. This law outlines the permissible use of deadly force for self-preservation and the defense of others against imminent danger.
If an individual is forced to use deadly force to protect their life or the life of another person, they must immediately:
- Notify law enforcement authorities of the incident.
- Cooperate with any law enforcement investigation into the event.
After the incident, the local law enforcement will review the facts and circumstances of the case to determine if the use of deadly force was necessary and justified. The decision is not made by the individual who used deadly force.
If the authorities conclude that the shooting was justified under the law of self-defense, no charges will be filed against the individual. However, if the authorities determine that the use of deadly force was not justified, the individual may be charged with a crime.
Texas law provides immunity from criminal prosecution and civil liability for individuals acting in lawful self-defense to protect themselves or others from imminent serious bodily injury or death.
Under Texas law, “deadly force” is defined as:
- Force that is intended or known by the actor to cause, or a reasonable person in the actor’s situation would know to cause, death or serious bodily injury.
- Tortuous conduct that is specifically intended to cause serious bodily injury or death.
If deadly force is used in self-defense, the actor must reasonably believe that the use of deadly force is immediately necessary:
-To protect the actor or another from imminent and serious bodily injury or death.
-To prevent the imminent commission of certain felonies, including:
- Murder
- Robbery
- Aggravated Kidnapping
- Sexual Assault
- Aggravated Robbery
It’s crucial to emphasize that the use of deadly force is only permitted when there is an immediate and unavoidable threat of serious bodily injury or death. The individual using deadly force must also exhaust all other reasonable means of avoiding the use of deadly force before resorting to it.
If an individual is facing criminal charges for using deadly force in self-defense, it’s highly recommended to seek legal representation from an experienced criminal defense attorney. A skilled attorney can evaluate the facts of the case, build a strong defense, and help navigate the legal process.