Criminal Defense FAQs: Answers from MC Criminal Law Attorneys
When you’re facing criminal allegations—or trying to understand your rights—the details of Texas law matter. Misunderstanding those details can lead to serious consequences, especially in cases involving self-defense and the use of force.
At MC Criminal Law, our FAQ Series is designed to provide clear and accurate answers to the questions we hear most frequently from clients, families, and the community. Our criminal defense attorneys handle these issues every day and understand how small legal distinctions can significantly impact how a case is investigated, charged, and defended.
Today’s FAQ addresses a question that often arises in self-defense cases:
FAQ: Do I have a “duty to retreat” before using force in Texas?
No. In Texas, a person who has a right to be in a location, did not provoke the situation, and was not engaged in criminal activity does not have the duty to retreat before they use force to protect themselves. This is known as a “Stand Your Ground” state.
MC Tip
While there is no explicit duty to retreat, there is a component of reasonableness that is critical. Especially when the force resulted in a death, a person may still be arrested and their actions will be judged based upon the reasonableness of the decision to use force as well as the amount of force used.
There is a lot of nuance and attention to detail required when it comes to self defense charges. That’s why it’s important to consult an experienced criminal defense attorney as soon as an arrest occurs. Knowing your rights and having seasoned counsel walking you through the process can impact the outcome of the case. Call us today to discuss your self defense charge in Dallas County, Collin County, Denton County, Tarrant County, and the surrounding areas.