Self-defense laws in Texas have broadened over time. Originally, the state had a "duty to retreat" law requiring individuals to prove they could not escape an altercation before using violence. This changed in 1995 with a "castle doctrine" allowing defense on one's property. By 2007, individuals did not need to retreat at all and only need to prove a legal right to be present. While claiming self-defense does not guarantee immunity, the defendant must prove their claim of self-defense in court. Many self-defense cases do not go to trial as prosecutors have discretion to drop charges if self-defense is clear.

1. S E L F - D E F E N S E
L A W S
K N O W T H E B A S I C S O F T E X A N
A B O G A D O A L Y

2. SELF DEFENSE LAWS IN TEXAS:
The morning of July 4th erupted in an argument between 41-year-
old Jason Roche and 19-year-old Devonte Ortiz. What started as an
argument over fireworks ended in gunfire and first-degree murder.
Roche fatally shot Ortiz, however, Roche claimed the shooting was
in self-defense. Although Roche was ultimately found guilty, the
shooting raised the questions of how self-defense laws work in
Texas. If you find yourself questioning about self-defense laws, the
following are the top three things that you need to know.

3. In 1973, Texas enforced a “duty to
retreat” law in regards to self-
defense. The law stated that an
individual needed to prove that they
had could not walk away from an
altercation. After proving that they
exhausted all options before
defending themselves with violence,
then the individual could be freed of
the charge.
The law was loosened in 1995 by
adding a “castle doctrine”. The
doctrine stated that an individual did
not need to run away if they were
defending their own property. The
law again expanded in 2007 to state
that individuals don’t need to retract
at all. Instead, they only need to
prove that they have a legal right to
present during the act of defense.
This policy is otherwise known as
“Stand Your Ground” law.
1. SELF-DEFENSE
LAWS HAVE
BROADENED.

4. Claiming self-defense does not grant
you immunity. The argument of self-
defense typically comes into play
after the arrest, charge, an
indictment of an individual. In a
traditional criminal proceeding, we
often see the prosecution responsible
for providing evidence beyond
reasonable doubt that the criminal
committed a crime. When a person
claims self-defense, it is up to the
defendant to provide the evidence.
2. THE
DEFENDANT MUST
PROVE SELF-
DEFENSE.

5. In 2015, 146 self-defense shooting
across the country occurred, and only
12 of the shooters were charged. That
year, Texas had the most self-defense
shooting, 45, but only two of the
people were actually charged. Police
and district attorneys have a wide
discretion of what cases they should
pursue. If a district attorney finds
that there is a clear path of self-
defense they may be likely to drop
the case.
3. SELF-DEFENSE
CASES DON’T
ALWAYS GO TO
TRIAL.