In Texas, where gun ownership is common, you may wonder how or if you can claim self defense in a shooting incidence. In terms of legal arguments, claiming self-defense in a shooting requires defining several legal points, including the circumstances of the situation, how the situation led you to take the action to defend yourself, and how much force you applied in that defense.
While these criteria apply to any self-defense argument, the stakes can be higher when trying to claim self-defense in a shooting situation.
Amount of Force
Generally speaking, Texas law favors arguments of self-defense where the minimal force comes into play. For example, if you’re assaulted by someone holding a knife, and you defended yourself by striking the assailant’s arm with a cane, the amount of force might be considered reasonable since your object lacked an edge and you aimed the strike to drive the assailant back.
But limited force arguments can become difficult with firearms, however, since a shot can be lethal, even one to the assailant’s arm.
Stand Your Ground
While the state of Texas does employ “Stand Your Ground” rules, those rules do not provide a blanket excuse for anyone to willfully engage in violence.
According to the Penal Code, Chapter 9, Subchapter C, the use of force against another is not justified for these reasons:
• Verbal provocation (being yelled at or threatened)
• Resisting an arrest or search that the actor knows is being made by a law enforcement officer
• The person consented to the exact force used or attempted by the other
• The person provoked the other’s use or attempted use of unlawful force
In other words, you can’t get into an argument with someone, shoot them, and then claim self-defense. You cannot change your mind about obeying a police officer. Also, you cannot start an argument with someone with the intent of looking for an excuse to use deadly force.
But if you had a legal right to be where you were at the time of the incident, such as a public event or in your own home, or if you felt compelled to take action to defend yourself or others, then Stand Your Ground may be an effective argument for self-defense.
Burden of Proof
If you are charged with shooting and you claim self-defense, it will fall to you to provide evidence that self-defense was necessary for the situation.
It will be the job of the prosecutor to prove beyond a reasonable doubt that you committed the crime, not in self-defense, but willfully with intent to harm or kill. The prosecution will have to argue you intended lethal action when you fired while you will have to prove exactly why you felt the situation required a shooting response, in self-defense.
That’s why it’s important not to rely on the “Stand Your Ground” law as a magic tool that solves the problem. If you are charged with shooting, you will want and need an experienced criminal defense attorney like Philip D. Ray to provide evidence showing you acted lawfully in the situation.
Let Us Be That Team
Need to learn more about legal defenses for shooting in Texas? If you or a loved one has been charged in a shooting incident, contact the Law Offices of Philip D. Ray today and let us help. Call (469) 588-6770.