New Braunfels Self-Defense Attorney

Assault cases aren't always as straightforward as an initial police report may make them appear.

Officers responding to a confrontation often arrive after the incident is over. They may have to determine what happened by interviewing the people involved, looking at injuries, speaking with witnesses and examining whatever evidence is immediately available.

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But those first statements don't always tell the entire story.

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One person may claim they were attacked while the other says they were defending themselves. Witnesses may have seen only part of the confrontation. Video footage, text messages or other evidence may provide context that wasn't available when police made an arrest.

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A New Braunfels self-defense lawyer can independently examine what happened and determine whether the evidence supports a claim that your actions were legally justified.

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How Does Self-Defense Work Under Texas Law?

Texas law allows the use of force in certain circumstances.

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Generally, a person may be justified in using force against another when they reasonably believe the force is immediately necessary to protect themselves against another person's use or attempted use of unlawful force. Texas law also establishes circumstances in which the use of force is not justified, including in response to verbal provocation alone. 

Whether self-defense applies therefore depends heavily on the facts.

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Important questions may include:

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• Who initiated the confrontation?

• What happened immediately before force was used?

• Was the other person using or attempting to use unlawful force?

• Was there an immediate threat?

• What level of force was used?

• Were weapons involved?

• Did either person suffer injuries?

• Are there witnesses or video recordings?

• Do the physical facts match the statements given to police?

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These details can become central to determining whether the State can prove that a person's actions were criminal rather than legally justified.

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Self-Defense and Assault Charges in New Braunfels

Self-defense frequently arises in assault cases.

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For example, two people may become involved in an argument that turns physical. One person may throw the first punch, while the other responds to protect themselves. Police arriving later may hear conflicting accounts about who started the fight and why force was used.

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An arrest does not necessarily settle those questions.

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Larry Bloomquist has successfully represented a client in an assault case where self-defense became the central issue. After a two-day jury trial, a Bexar County jury found his client not guilty of assault. Larry argued that his client acted in self-defense and challenged shortcomings in the police investigation, including the failure to obtain information from several witnesses. 

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That result illustrates why looking beyond the initial allegations can be important in a self-defense case.

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​When Can You Legally Claim Self-Defense in Texas?

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What If You Were Defending Someone Else?

Sometimes a person becomes involved in a confrontation because they believe someone else is in danger.

Texas law recognizes defense of a third person under certain circumstances. Generally, the person must reasonably believe they would be justified in using force or deadly force to protect themselves under the same circumstances and reasonably believe their intervention is immediately necessary to protect the third person. 

These situations can be complicated because the person intervening may have only seconds to determine what is happening.

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Witness statements, video and other evidence may become particularly important in establishing what the accused reasonably believed at the time.

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What About Self-Defense in a Family Violence Case?

Self-defense may also become an issue when an assault allegation involves a spouse, dating partner, family member or household member.

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Police responding to domestic disturbances may encounter conflicting accounts about who initiated a physical confrontation.

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Larry's New Braunfels family violence page highlights one case in which a client was accused of assaulting her husband with a high-heeled shoe. Larry presented evidence supporting self-defense to prosecutors and prepared the case for trial. The charges were ultimately dismissed. 

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When family violence is alleged, it is important to examine not only whether physical contact occurred, but why it occurred and what happened immediately beforehand. Learn more about our New Braunfels family violence attorney services.

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Can Self-Defense Apply to Aggravated Assault?

Self-defense can potentially become an issue in aggravated assault cases as well.

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These cases may involve allegations of serious bodily injury or the use or exhibition of a deadly weapon.

Because the allegations are more serious, determining whether the accused was legally justified in using force can become particularly important.

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Texas law separately addresses the use of deadly force in self-defense. Among other requirements, a person must reasonably believe deadly force is immediately necessary to protect against another person's use or attempted use of unlawful deadly force, or to prevent certain specified serious crimes. Texas Statutes

Larry's existing aggravated-assault materials identify self-defense, defense of another person and protection of property as potential defenses depending upon the facts. Learn more about our New Braunfels aggravated assault attorney services.

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Can Self-Defense Be Used Against an Aggravated Assault Charge?

 

Does Texas Have a Duty to Retreat?

Texas law provides circumstances in which a person is not required to retreat before using otherwise justified deadly force.

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Generally, this applies when the person has a right to be at the location, did not provoke the person against whom force was used and was not engaged in criminal activity at the time. 

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However, Texas's retreat provisions should not be interpreted to mean that every use of force is automatically justified.

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The circumstances surrounding the confrontation and whether the person's belief that force was immediately necessary was reasonable still matter.

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Evidence That May Support a Self-Defense Claim

A strong defense may depend on evidence showing what happened before and during the confrontation.

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Depending upon the case, an attorney may look for:

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• Surveillance or security video

• Cellphone recordings

• Police body-camera footage

• Photographs of injuries

• Medical records

• 911 calls

• Witness statements

• Text messages

• Social media messages

• Physical evidence from the scene

• Previous communications between the people involved

• Statements made to police

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Some evidence can disappear quickly. Surveillance recordings may be overwritten, witnesses may become harder to locate and physical evidence may be lost.

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Getting an attorney involved early can provide an opportunity to identify and preserve evidence relevant to the defense.

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What If Both People Claim Self-Defense?

This can happen.

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Both people involved in a confrontation may claim the other person started it. That doesn't necessarily mean the State's version of events is correct.

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The defense may need to reconstruct the sequence of events and determine whether independent evidence supports one account over another.

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Video, witnesses, injuries, physical evidence and prior communications can all become important when determining what actually occurred.

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What If I Was Arrested Even Though I Didn't Start the Fight?

An arrest is not a determination of guilt.

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Police officers often have to make decisions quickly based on the information available at the scene. An attorney can later examine evidence that may not have been available or fully investigated when the arrest occurred.

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That can include interviewing witnesses, obtaining recordings, reviewing police body-camera footage and comparing the physical evidence with the statements made by everyone involved.

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The question isn't simply who was arrested.

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The question is whether prosecutors can prove a crime occurred and whether the evidence supports a lawful justification such as self-defense.

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Why Hire Larry Bloomquist for a New Braunfels Self-Defense Case?

Self-defense cases can require an attorney to challenge the prosecution's version of how a confrontation occurred.

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Larry Bloomquist brings more than 20 years of criminal law experience to these cases and is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He previously worked as a prosecutor and has tried hundreds of criminal cases. 

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His experience includes successfully presenting self-defense arguments in serious criminal cases. His professional biography specifically notes his experience defending people who acted in self-defense and educating gun owners regarding their rights and responsibilities. 

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Most importantly for this particular page, Larry's office is located in New Braunfels, and he represents people facing criminal allegations throughout New Braunfels and Central Texas. 

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Frequently Asked Questions About Self-Defense in New Braunfels

Can I claim self-defense if I was charged with assault?

Potentially. Whether self-defense applies depends on the circumstances surrounding the confrontation, including who initiated it, what threat you faced and whether your response was legally justified.

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Does being arrested mean police determined I wasn't acting in self-defense?

No. An arrest is not a finding of guilt. Evidence discovered or examined after an arrest may provide additional information about what occurred.

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Can I use self-defense if the other person was injured?

An injury does not by itself determine whether someone's actions were lawful. The circumstances surrounding the use of force and whether that force was legally justified must be considered.

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Can self-defense apply if a weapon was involved?

Potentially. Texas law addresses both force and deadly force in self-defense, but different legal requirements can apply depending on the circumstances. 

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Can I defend another person in Texas?

Yes, Texas law recognizes defense of a third person under specified circumstances. Whether it applies depends on what the accused reasonably believed was occurring and whether intervention was immediately necessary.

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What should I do if I'm accused of assault after defending myself?

Consider speaking with a criminal defense attorney before providing detailed statements about the incident.

 

An attorney can review the allegations, investigate the circumstances and identify evidence that may support your account.

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Talk to a New Braunfels Self-Defense Attorney

If you have been arrested or accused of assault after defending yourself or another person, don't assume the initial police report tells the entire story.

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Larry Bloomquist represents clients facing self-defense-related criminal allegations in New Braunfels and throughout Comal County from his New Braunfels office.

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He can examine the circumstances surrounding the confrontation, evaluate the evidence and determine what defenses may be available.

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Call 210-227-1199 to speak with New Braunfels self-defense attorney Larry Bloomquist.