Texas self-defense under Tex. Penal Code § 9.31 justifies force the actor reasonably believes is immediately necessary against another's unlawful force; § 9.32 extends this to deadly force, with stand-your-ground removing any duty to retreat where you lawfully are. L and L Law Group litigates these justification defenses in Texas criminal cases.
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
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Texas Penal Code Chapter 9 governs justified force. The statute is generous compared to most states: no general duty to retreat, castle doctrine protection, and stand-your-ground when lawfully present.
The basic statute — Penal Code § 9.31
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 against the other's unlawful force. "Reasonably believes" is judged from the perspective of an ordinary person in the defendant's circumstances.
Deadly force — Penal Code § 9.32
A person is justified in using deadly force when (1) force would be justified under § 9.31, (2) deadly force is immediately necessary to protect against unlawful deadly force or to prevent imminent commission of aggravated kidnapping, murder, sexual assault, robbery, or aggravated robbery, AND (3) a reasonable person in the actor's situation would not have retreated — UNLESS the actor was attacked at a place where the actor had a right to be (stand your ground).
Castle doctrine and stand your ground
Texas adopts both. The castle doctrine (§ 9.31(a)(2)) provides a presumption of reasonableness when force is used against someone unlawfully entering or attempting to enter the actor's habitation, vehicle, or workplace. Stand your ground (§ 9.32(c)) eliminates the duty to retreat anywhere the actor had a legal right to be.
Burden of production vs. burden of proof
The defendant has the initial burden of producing some evidence of self-defense. Once produced, the State has the burden of disproving self-defense beyond a reasonable doubt. The jury is instructed on the elements of self-defense if any evidence supports the defense, even if weak.
Common Texas self-defense pitfalls
(1) Being the aggressor — if you provoked the confrontation, self-defense is not available unless you abandoned the encounter. (2) Excessive force — using deadly force in response to non-deadly force is not justified. (3) Disparity of force — a defendant's perception that the attacker had a weapon or capability must be reasonable, not just sincere.
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If you used force to defend yourself and were charged, call us. Self-defense cases require focused litigation.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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