Defending Against Self-Defense Claims In Galveston Homicide Cases

Defending Against Self-Defense Claims In Galveston Homicide Cases

As Galveston homicide defense attorneys, we know that few defenses are as misunderstood or as fiercely contested as self-defense. Texas law recognizes that individuals have the right to protect themselves, but prosecutors are quick to challenge whether that right was exercised lawfully. Every word, every action, and every split-second decision made during an encounter will be dissected in court. Jurors may sympathize with someone who claims they acted in fear, but they will also weigh whether that fear was reasonable and whether deadly force was justified.

When facing homicide charges, the stakes could not be higher. Under Texas Penal Code §19.02, murder carries penalties ranging from five years to 99 years or life in prison. Even manslaughter under Texas Penal Code §19.04 can result in a 20-year sentence. The difference between freedom and decades behind bars often comes down to how the defense presents or challenges a claim of self-defense. Federal law can also intersect, particularly when firearms are involved, under 18 U.S.C. §922, which regulates possession by prohibited persons.

Our role as defense attorneys is not simply to argue the facts—it is to dismantle the prosecution’s narrative and expose weaknesses in their case that support claims of self-defense. Whether defending someone accused of homicide or advocating a self-defense claim, we approach each case with the same commitment: to fight relentlessly for our client’s freedom.

Understanding Self-Defense Under Texas Law

Texas law lays out the right to self-defense in Texas Penal Code §9.31 and the right to use deadly force in Texas Penal Code §9.32. These statutes provide that a person may use deadly force if:

• They reasonably believed it was immediately necessary to protect themselves against another’s use or attempted use of unlawful deadly force.
• They were not the initial aggressor or engaged in criminal activity at the time.

The state’s “Stand Your Ground” provision means there is no duty to retreat if a person is lawfully present at the location where the force is used and did not provoke the person that the force was used against. However, prosecutors will often argue that the defendant provoked the encounter or escalated the situation beyond what was necessary to undermine a self-defense claim.

In homicide cases, this defense can mean the difference between acquittal and conviction. Our job is to highlight facts and evidence that support a claim of self-defense that the State has overlooked or ignored.

The Role Of Evidence In Self-Defense Cases

Evidence is the battlefield in self-defense claims. We aggressively scrutinize:

• Witness Testimony – Did bystanders observe aggressive behavior? Are their accounts consistent?
• Forensic Evidence – Ballistics, autopsies, and trajectory analysis can help confirm a self-defense narrative.
• Video and Digital Records – Surveillance cameras, bodycams, and even cell phone footage often reveal more than spoken testimony.

By carefully piecing together evidence, we build a strategy that reinforces legitimate self-defense.

Common Prosecution Tactics Against Self-Defense

Prosecutors in Galveston and across Texas are relentless when self-defense is raised. They often argue:

• The defendant was the initial aggressor or provoked the other person.
• The force used was excessive compared to the threat.
• The danger had passed when deadly force was used.
• The defendant was engaged in criminal conduct at the time, voiding the right to self-defense.

We know these strategies inside and out, and we prepare to counter them with factual precision, expert testimony, and aggressive cross-examination.

Federal Implications Of Self-Defense Claims

While homicide is prosecuted under Texas law, federal law may come into play if firearms were used unlawfully. Under 18 U.S.C. §922(g), individuals prohibited from firearm possession—such as felons—cannot lawfully claim self-defense with a weapon. In such cases, federal prosecutors may file charges alongside state homicide counts, compounding penalties.

Building A Relentless Defense Strategy

When defending against self-defense claims in homicide cases, we approach the case with dual objectives:

• Expose Weaknesses In The Claim – If the prosecution claims the defendant fabricated self-defense, we highlight inconsistencies, unreliable witnesses, or flawed forensic interpretations.
• Protect Legitimate Self-Defense Rights – If our client acted lawfully, we drive home the immediacy of the threat, the reasonableness of their fear, and the proportionality of their response.

This combination of offensive and defensive tactics ensures we never allow the prosecution to control the narrative.

Frequently Asked Questions About Self-Defense In Galveston Homicide Cases

What Is Considered Reasonable Fear Under Texas Law?

Reasonable fear is measured against what an ordinary person in the same circumstances would believe. If a person faced an immediate threat of deadly force, Texas law under §9.32 allows the use of deadly force. However, if the threat was exaggerated, prosecutors will argue the fear was unreasonable.

Does Texas Require A Person To Retreat Before Using Deadly Force?

No. Texas has a Stand Your Ground law under §9.32(c), meaning a person who is lawfully present does not need to retreat. However, the defense must still prove that deadly force was necessary.

Can Self-Defense Be Used If The Defendant Started The Fight?

Generally no. Under §9.31(b), a person who provokes the encounter cannot later claim self-defense unless they clearly abandoned the fight and communicated that withdrawal, yet the other party continued the attack.

How Does Intoxication Affect A Self-Defense Claim?

If a defendant was intoxicated, prosecutors often argue judgment was impaired. While intoxication alone does not void self-defense, it complicates whether the belief in danger was reasonable.

What Role Do Firearms Laws Play In Self-Defense Claims?

If a defendant was prohibited from possessing a firearm under federal law, the self-defense claim may still apply to the state homicide charge, but separate federal firearm charges under 18 U.S.C. §922(g) can still be filed. This can increase sentencing exposure.

Does Texas Law Allow Deadly Force To Protect Property?

In limited cases, yes. Under §9.42, deadly force may be used to prevent specific serious crimes like burglary, robbery, or arson. However, applying this to homicide cases requires careful legal argument and is heavily scrutinized.

How Do Prosecutors Attack A Self-Defense Claim In Homicide Trials?

They focus on disproving the immediacy of the threat, showing the defendant escalated the encounter, or portraying the use of force as disproportionate. They may also emphasize motive, such as anger or revenge, to argue the homicide was not defensive.

What Penalties Apply If Self-Defense Fails As A Defense?

If the jury rejects self-defense, the defendant faces full sentencing under homicide statutes. Murder under §19.02 carries five years to life. Manslaughter under §19.04 carries up to 20 years. Sentencing depends on the charge and circumstances.

Can Prior Threats From The Victim Support A Self-Defense Claim?

Yes. Evidence of prior threats or violence by the alleged victim can strengthen the reasonableness of fear. Texas courts often allow this evidence if it is directly tied to the incident in question.

Can A Self-Defense Claim Still Succeed If The Defendant Fired Multiple Shots?

Yes, but prosecutors often argue that firing multiple rounds shows excessive force. Texas courts look at whether the continued use of force was necessary under Texas Penal Code §9.32. If the threat remained active, multiple shots may still be justified. If the evidence shows the threat had ended, the additional shots can undermine the defense.

What Happens If The Person Claiming Self-Defense Was Engaged In Another Crime?

Under §9.31(b)(5), a person cannot claim self-defense if they were engaged in criminal activity beyond a minor traffic violation at the time of the homicide. For example, if the defendant was committing burglary or drug trafficking, the self-defense claim is significantly weakened.

Do Texas Juries Tend To Be Sympathetic Toward Self-Defense Claims?

It depends on the circumstances. Texas juries often respect the right to self-defense, but sympathy quickly fades if the evidence suggests the defendant escalated the conflict or acted out of anger instead of fear. Jury instructions under Texas Code of Criminal Procedure §36.14 require jurors to carefully weigh the evidence before applying self-defense.

What Role Do 911 Calls Or Immediate Statements Play In These Cases?

Statements made to 911 operators or police at the scene are often introduced as evidence. If those statements show genuine fear and urgency, they can support a self-defense claim. On the other hand, inconsistencies between those statements and later testimony may be used by prosecutors to undermine credibility.

Are Self-Defense Claims Harder To Prove In Domestic Violence-Related Homicides?

Yes. In cases involving spouses, partners, or family members, prosecutors frequently argue that the homicide stemmed from ongoing conflict rather than immediate danger. However, under Texas Penal Code §9.31(a), if the defendant reasonably believed deadly force was necessary, self-defense can still apply. Courts may allow history of abuse into evidence to establish the reasonableness of the fear.

Can Forensic Experts Make Or Break A Self-Defense Claim?

Absolutely. Ballistics experts, blood spatter analysts, and medical examiners often testify in homicide trials. Their conclusions can either confirm the defendant’s account or contradict it. Effective defense attorneys aggressively cross-examine these experts to expose weaknesses and present counter-experts when necessary.

Does Texas Law Treat Defense Against Multiple Attackers Differently?

Yes. If the defendant reasonably believed deadly force was necessary to defend against two or more attackers, the law under §9.32 still applies. The reasonableness of fear is measured against the collective threat, not just one individual. This can make the defense stronger in multi-attacker situations.

What Is The Difference Between Imperfect Self-Defense And Complete Self-Defense?

“Imperfect” self-defense occurs when the defendant honestly believed deadly force was necessary, but that belief was unreasonable. Texas law does not formally recognize imperfect self-defense as a complete defense, but it can sometimes reduce a murder charge to manslaughter under §19.04. Complete self-defense results in acquittal.

Call Mark Diaz & Associates To Defend Your Case

At Mark Diaz & Associates, we treat every homicide defense as a battle for freedom. Self-defense claims are complex, and prosecutors in Galveston and Houston exploit every weakness. We are aggressive in court, relentless in cross-examination, and strategic in negotiations. Our job is to protect our clients with strength, precision, and absolute commitment.

Contact our Texas criminal law attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. From our office in Galveston, we defend clients throughout the Houston metro and across Texas.