CRIMINAL DEFENSES IN TEXAS: UNDERSTANDING THE DEFENSE OF OTHERS
WHAT CONSTITUTES A DEFENSE OF OTHERS IN TEXAS?
Defense of others is a legal justification of a defendant’s use of force in circumstances where they acted in defense of another person who they reasonably believed to be at risk of immediate harm.
Like self-defense and defense of property, defense of others in Texas is used to defend allegations of violence. The defendant does not dispute that they did the violent act, but they argue their actions were legally justified.
The specific elements and application of the law of defense of others vary between states. Generally, a defendant may be able to argue defense of another where:
- They held a reasonable belief that the use of force was necessary to protect someone from an immediate threat of harm
- They used reasonable force, that wasn’t excessive in the circumstances
In some states, defense of others will only be available where a special relationship exists between the defendant and the person they’re protecting, for example, husband and wife or parent and child.
Some states allow a defendant to use lethal force to defend another person if they reasonably believed it was necessary in the circumstances.
Facing criminal charges can be extremely scary. The attorneys at The Lowe Law Office, PLLC can help you understand what you are facing and how to defend yourself. Call us today at (817) 678-5080 to schedule a Free Consultation.
BURDEN OF PROOF FOR DEFENSE OF OTHERS CLAIM IN TEXAS
Like self-defense, defense of others in Texas is an affirmative defense. It requires the defendant to admit to the alleged act. The specific operation of defense of others and the related burden of proof vary between states.
In many states, the burden of proof for an affirmative defense is on the defendant. In these cases, the defendant must present evidence to prove, usually on a preponderance of the evidence (i.e. it is more likely true than not), that they acted in defense of another.
In other states, once the defendant has raised an affirmative defense, such as defense of others, the onus shifts back to the prosecution to disprove the defense.
WHY HIRING A DEFENSE ATTORNEY IN TEXAS IS IMPERATIVE
You can see that using a defense of others can be complicated and very technical. At The Lowe Law Office, PLLC we know when this defense can or cannot be used. Call us today at (817) 678-5080 to find out of this method of defense would work in your criminal case.