Murder, Self-Defense, and Defense of Property in Texas: What the Law Really Allows

Few criminal cases are more complex—or more misunderstood—than murder cases involving claims of self-defense or defense of property. Many people believe that if they were “protecting themselves” or “protecting what’s theirs,” they cannot be charged. In reality, Texas law is far more nuanced, and prosecutors in counties like Dallas County often challenge these defenses aggressively. 

If you or a loved one is facing a murder charge after claiming self-defense or defense of property in Dallas, Collin, Denton, or Tarrant County, understanding how Texas law works is critical. Below, the criminal defense attorneys at MC Criminal Law explain what the law allows, where people get it wrong, and why these cases are so high-stakes. 

How Self-Defense Works in Texas 

Texas law allows a person to use force against another only when, and to the degree, they reasonably believe it is immediately necessary to protect themselves from someone else’s unlawful force. 

In simple terms: 

• You must believe force is necessary right now 

• That belief must be reasonable 

• You may only respond with a reasonable amount if force in return 

• The other person must be using or attempting to use unlawful force 

Important Limitation: Words Alone Are Not Enough 

The use of force is not justified in response to verbal provocation alone. Insults, threats, or arguments do not justify violence under Texas law.

When Deadly Force Is Justified in Self-Defense 

Deadly force (force capable of causing death) is held to a much higher standard. 

Texas law allows deadly force only if all of the following apply: 

1. You would have been justified in using non-deadly force in the first place
2. You reasonably believed deadly force was immediately necessary to:
   1. Protect yourself from another’s use or attempted use of deadly force, or
   2. Prevent the imminent commission of:
      1. Murder
      2. Aggravated kidnapping
      3. Sexual assault
      4. Aggravated assault
      5. Robbery or aggravated robbery 

Stand Your Ground Law in Texas  

Texas does not require a person to retreat before the use of force if: 

1. You are legally allowed to be where you are (not trespassing)  
2. You are not engaged in criminal activity (beyond a traffic violation)
3. You did not provoke the difficulty or situation
4. Force is used against someone who is unlawfully entering or attempting to enter your habitation. This is often referred to as Texas’s version of the “Castle Doctrine.” 

 

It is important to remember that even under these circumstances, a person must reasonably believe the force is immediately necessary and to the degree that is immediately necessary to protect themselves or another from the other’s actions. However, a retreat before the use of force is not required in Texas. 

What Does “Reasonable Belief” Actually Mean? 

“Reasonable belief” does not mean what you personally felt in hindsight. 

It means: A belief that would be held by an ordinary and prudent person in the same circumstances. 

Jurors are instructed to evaluate: 

• What you knew at the time 

• What you saw or heard 

• The immediacy of the threat 

• Whether your response matched the danger 

 

This is one of the most litigated issues in self-defense murder cases. It is also why the attorneys at MC Criminal Law prefer to be with you when you speak to the police. After such a stressful situation, many people do not give all the details that are relevant and important to a fair defense. 

Defense of Property in Texas: What’s Allowed and What’s Not 

Texas law does allow force—and in limited situations, deadly force—to protect property, but these cases are often misunderstood. 

Using Force (Not Deadly Force) to Protect Property 

If you are in lawful possession of land or tangible movable property, you may use force when you reasonably believe it is immediately necessary to: 

• Prevent or stop trespass 

• Prevent unlawful interference with property 

 

This does not automatically justify deadly force. 

When Deadly Force May Be Used to Protect Property 

Deadly force is justified to protect property only if all the following apply: 

1. You were justified in using force to begin with 
2. You reasonably believed deadly force was immediately necessary to prevent:
   1. Arson
   2. Burglary
   3. Robbery or aggravated robbery
   4. Theft during the nighttime
   5. Criminal mischief during the nighttime
3. You reasonably believed:
   1. The property could not be protected by any other means, or
   2. Using non-deadly force would expose you or others to a substantial risk of death or serious bodily injury 

 

This is an extremely fact-specific analysis—and one that prosecutors often dispute. 

Why These Cases Are Especially Complex in North Texas 

In counties like Dallas, prosecutors often: 

• Aggressively challenge self-defense claims 

• Use surveillance footage, body cams, and phone data 

• Focus on inconsistencies in statements 

• Argue that force exceeded what was “necessary” 

 

Jurors are often asked to second-guess split-second decisions made under stress. That makes preparation, expert testimony, and early investigation critical. 

What Someone Charged Needs to Understand Immediately, And Why Early Legal Representation Matters 

When a death occurs and self-defense or defense of property is involved, everything that happens in the first hours and days can shape the entire case. Many people assume that if they were legally justified, the truth will “come out later.” Unfortunately, that assumption causes serious damage in real cases. 

Here’s what anyone charged or whose loved one is charged must understand right away. 

Self-Defense Does Not Stop an Arrest 

Even when self-defense is clearly claimed, police can and often do make arrests if they believe probable cause exists. Officers on scene are not deciding guilt or innocence — they are collecting evidence for prosecutors. 

That means: 

• You can be arrested even if you believe you did nothing wrong 

• Your explanation may be scrutinized, challenged, or misunderstood 

• Prosecutors may later argue your actions exceeded what was “necessary” 

 

Once charges are filed, undoing early mistakes becomes much harder. 

Statements to Police Can Undermine Otherwise Valid Defenses 

People often feel compelled to “explain themselves” after a traumatic event. But statements made under stress — especially without counsel — can be used to attack a self-defense claim later. 

Prosecutors often look for: 

• Inconsistencies in wording 

• Emotional or speculative statements 

• Language that suggests escalation 

• Statements that don’t match physical evidence 

 

Even truthful statements can be taken out of context. This is why invoking your right to remain silent and contacting a lawyer immediately is critical. 

Evidence Moves Fast — And It Can Disappear 

In murder cases involving self-defense or property defense, early investigation is everything. 

Key evidence may include: 

• Surveillance footage 

• Body camera video 

• 911 recordings 

• Witness statements 

• Physical scene conditions 

• Digital evidence (phones, messages, location data) 

 

Defense attorneys must act quickly to preserve, request, and independently analyze this evidence before it’s lost or framed solely through the prosecution’s lens. 

Early Legal Strategy Shapes the Entire Case 

Self-defense cases are not won by slogans — they are built through careful legal positioning from day one. 

Early legal representation allows your defense team to: 

• Control the narrative before charges escalate 

• Identify whether deadly force standards were met 

• Challenge probable cause and charging decisions 

• Prepare for grand jury presentation (if applicable) 

• Begin expert consultations early 

 

Waiting to “see what happens” gives the State a head start that can be hard to overcome. 

Why MC Criminal Law Makes a Difference in These Cases 

At MC Criminal Law, we understand how self-defense and defense of property cases are prosecuted in Dallas County, as well as Collin, Denton, and Tarrant Counties. Our attorneys are well-respected, deeply knowledgeable, and familiar with the judges, prosecutors, and courtroom expectations in these jurisdictions. 

We approach every case with the understanding that: 

• These cases are fact-intensive 

• Prosecutors will challenge every justification 

• Jurors must be educated carefully and clearly 

• Trial readiness is essential from the beginning 

Our Approach 

• We take every angle — legal, factual, and strategic 

• We aggressively challenge evidence and police conduct 

• We stay trial-ready, even when resolution is possible 

• We prepare each case as if it will be decided by a jury 

 

Self-defense cases are not just about what happened — they’re about how the story is told, how the law is applied, and how credibility is established. 

Accused of Murder After Claiming Self-Defense? Call MC Criminal Law. 

Cases involving self-defense or defense of property are some of the most difficult and high-stakes criminal cases in Texas. The law is detailed, the evidence is scrutinized, and your future is on the line. 

At MC Criminal Law, we know how prosecutors attack these claims and how to defend them. If you or a loved one is facing a murder charge in Dallas County, Collin County, Denton County, or Tarrant County, do not wait. 

Contact MC Criminal Law immediately.