Deadly Force

Self-defense is referred to as a justification defense, such that although the defendant has committed a criminal act as prescribed by statute, he or she should not be punished because the circumstances justify the defendant’s actions. Typically, one can use force that they reasonably believe is necessary to protect themselves from imminent unlawful force upon themselves. Texas has a broad self-defense law. Under Texas Penal Code, self-defense is a justification excluding criminal responsibility. The self-defense statute states that “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” The belief that a force was immediately necessary for self-defense is presumed reasonable where the actor knew or had reason to believe that the person against whom the force was used: Unlawfully and with force […]