San Antonio Self-Defense Attorney

Self-Defense Laws in Texas

Texas law generally allows a person to use force against another when the person reasonably believes that force is immediately necessary to protect against another person's use or attempted use of unlawful force.

However, simply saying that you acted in self-defense does not automatically resolve a criminal charge. The facts surrounding the confrontation matter.

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Questions that may become important include:

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• Who initiated the confrontation?

• Was unlawful force being used or attempted?

• Did you reasonably believe force was immediately necessary?

• What level of force was used?

• Were there witnesses?

• Is there video or other physical evidence?

• What did each person tell police?

• Did the available evidence support or contradict those statements?

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Texas law also places limits on when self-defense is justified. For example, force generally is not justified based solely on verbal provocation.

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A self-defense attorney can evaluate the entire encounter rather than relying solely on the initial police report or the allegations made by the other person.
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When Can You Claim Self-Defense in Texas?

Every self-defense case is different.

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Under Texas law, the central question is generally whether a person reasonably believed the use of force was immediately necessary to protect against another person's use or attempted use of unlawful force. Texas Statutes

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That can arise in many different situations, including:

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• Physical fights

• Assault allegations

• Family violence accusations

• Confrontations involving weapons

• Aggravated assault allegations

• Situations involving threats followed by physical violence

• Serious violent-crime allegations

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The sequence of events can make an enormous difference. A criminal defense attorney may examine witness statements, surveillance or cellphone video, photographs, injuries, physical evidence, communications between the people involved and the police investigation itself.

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

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Self-Defense in San Antonio Assault Cases

Self-defense frequently becomes an issue in assault cases because the person arrested is not necessarily the person who initiated the confrontation.

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Two people may give completely different accounts of what happened. Witnesses may have seen only part of an altercation. Police officers arriving afterward may have to make an arrest decision based on incomplete or conflicting information.

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Larry Bloomquist has successfully defended an assault case on this exact issue. In one Bexar County case, a jury found his client not guilty of assault following a two-day jury trial. Larry argued that his client acted in self-defense and challenged shortcomings in the police investigation, including the failure to obtain statements or contact information from several witnesses. 

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A careful investigation of the evidence can therefore be particularly important when self-defense is involved.

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Can Self-Defense Apply to Aggravated Assault?

Yes, depending on the circumstances, self-defense may also become an issue in an aggravated assault case.

Aggravated assault allegations can involve serious bodily injury or the use or exhibition of a deadly weapon, making the potential consequences considerably more serious than a basic assault allegation. Larry's existing aggravated-assault practice also identifies self-defense, defense of another person and protection of property as potential defenses depending on the facts. 

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Texas law also addresses when deadly force may be justified. In general, a person must first satisfy the applicable requirements for use of force and 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 specifically identified violent crimes. 

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Because these cases are highly fact-specific, an attorney should carefully evaluate exactly what happened rather than assuming the presence of a weapon automatically defeats a self-defense claim.

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

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Do You Have to Retreat Before Defending Yourself in Texas?

Texas law provides that a person who has a right to be at the location, has not provoked the person against whom deadly force is used, and is not engaged in criminal activity generally is not required to retreat before using deadly force when the statutory requirements are otherwise satisfied.

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That does not mean every use of force is automatically lawful.

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Whether self-defense applies still depends on the circumstances, including the threat faced, the force used and whether the person's belief that force was immediately necessary was reasonable.

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Defense of Another Person

Some criminal cases arise because a person intervened to protect someone else.

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A confrontation may begin with an alleged attack on a spouse, family member, friend or even a stranger and escalate when another person steps in.

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Texas law recognizes justification involving the protection of third persons under certain circumstances. Whether that defense applies depends upon the specific facts of the encounter.

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Larry Bloomquist evaluates not only whether a client was personally threatened, but also whether the client's actions may have been taken to protect another person.

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What Evidence Can Help Establish Self-Defense?

Self-defense cases often turn on details that aren't apparent from an arrest report.

Important evidence may include:

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• Surveillance or security-camera footage

• Cellphone videos

• Photographs

• 911 recordings

• Witness statements

• Text messages and other communications

• Injuries suffered by the accused

• Medical records

• Physical evidence from the scene

• Statements made by the alleged victim

• Police body-camera footage

• Evidence showing how the confrontation began

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Preserving this evidence early can be particularly important. Video can be overwritten, witnesses can become difficult to locate, and memories can change over time.

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A self-defense attorney can investigate the circumstances surrounding the allegation and determine what evidence may support your version of events.

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What If the Police Arrested Me Even Though I Acted in Self-Defense?

An arrest does not determine whether you are guilty or whether a self-defense claim is valid.

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Police officers frequently arrive after an altercation has already occurred. They may be faced with conflicting stories and limited evidence when deciding whether to make an arrest.

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That is one reason an independent defense investigation can matter.

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Larry Bloomquist examines the evidence beyond the initial allegations, including whether witnesses were properly interviewed, whether available evidence was preserved and whether the police investigation presents an incomplete picture of what actually occurred.

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Self-Defense in Family Violence Cases

Self-defense can also arise in domestic violence and family violence cases.

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Larry has represented clients in these circumstances as well. In one assault-family-violence case, his 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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Family violence allegations can have consequences beyond the immediate criminal case, making it important to evaluate potential defenses as early as possible. Learn more about our family violence attorney services.

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Protecting Your Rights in San Antonio Self-Defense Cases

Texas law recognizes the right to defend yourself and others under certain circumstances, but self-defense claims can involve complicated legal and factual questions. Larry Dean Bloomquist represents individuals facing criminal allegations arising from confrontations and the use of force. As a San Antonio criminal defense lawyer, he carefully reviews the evidence and circumstances surrounding each incident to determine which legal defenses may apply.

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Why Choose Larry Bloomquist for a Self-Defense Case?

Self-defense cases can require much more than simply telling prosecutors that you were protecting yourself. The defense may need to reconstruct a confrontation, challenge witness accounts, identify shortcomings in the investigation and be prepared to present the case to a jury.

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Larry Bloomquist brings significant criminal trial experience to these cases.

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Board Certified in Criminal Law
Larry is Board Certified in Criminal Law by the Texas Board of Legal Specialization.

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Former Prosecutor
His previous experience as a felony prosecutor gives him firsthand insight into how the State evaluates, prepares and prosecutes criminal cases. 

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20+ Years of Criminal Law Experience
Larry has more than two decades of experience handling criminal matters ranging from misdemeanors to serious felony cases. 

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Proven Self-Defense Experience
His results include a Bexar County jury finding a client not guilty of assault after Larry argued that she acted in self-defense. 

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Frequently Asked Questions About Self-Defense in Texas

Can I claim self-defense if I was arrested for assault?

Potentially. An arrest does not prevent you from asserting that you acted in lawful self-defense. Whether the defense applies depends on the circumstances of the confrontation and the available evidence.

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Can self-defense be used against an aggravated assault charge?

It may be possible. Self-defense can become relevant in aggravated assault cases, including some cases involving allegations of a deadly weapon or serious bodily injury. The facts and level of force involved must be carefully evaluated. Learn more about our aggravated assault attorney services.

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What if the other person says I started the fight?

Conflicting accounts are common in assault cases. Witness statements, video footage, injuries, communications and other evidence may help establish what occurred and who initiated the confrontation.

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Can I defend another person in Texas?

Texas law recognizes the use of force to protect another person in certain circumstances. Whether defense of another applies depends on the facts of the particular situation.

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Does Texas require me to retreat before defending myself?

Texas law provides circumstances in which a person who has a right to be present, did not provoke the other person and is not engaged in criminal activity is not required to retreat before using otherwise justified deadly force. 

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Should I talk to police after a self-defense incident?

Statements made during a criminal investigation can become important evidence. If you are under investigation or have been arrested following a serious confrontation, consider speaking with a criminal defense attorney about your rights and circumstances before providing detailed statements about the incident.