Self Defense
Penal Code 9.31 — force immediately necessary, a presumption against a forcible entry, and no duty to retreat
In Texas, a person is justified in using force against another when and to the degree they reasonably believe it immediately necessary to protect themselves against the other's use or attempted use of unlawful force.
A presumption against a forcible entry. The belief that force was immediately necessary is presumed reasonable where the person knew or had reason to believe the other was unlawfully and with force entering, or removing them from, their occupied habitation, vehicle, or place of business or employment, or was committing aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery, if the person did not provoke it and was not otherwise engaged in criminal activity beyond a Class C traffic misdemeanor.
Deadly force is justified where force would be, and the person reasonably believes deadly force immediately necessary to protect against the other's use or attempted use of unlawful deadly force, or to prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery.
No duty to retreat. A person with a right to be where the force is used, who did not provoke the other and is not engaged in criminal activity, is not required to retreat before using force or deadly force, and a finder of fact may not consider a failure to retreat in deciding whether the belief was reasonable.
Force is not justified:
- In response to verbal provocation alone.
- To resist an arrest or search the person knows is being made by a peace officer, even if it is unlawful, unless the officer first uses greater force than necessary.
- By a person who provoked the other's force, unless they abandon the encounter, or clearly say they mean to, and the other keeps on.
Defense of a third person and of property are in their own sections and are not reproduced here. Whether force was justified in a given case is a question for a court and for a licensed Texas attorney.
Sources for this section (2)
- Penal Code 9.31 — Self-defense
- Penal Code 9.32 — Deadly force in defense of person
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.