Simplifying Your Legal Issues SCHEDULE A FREE CONSULTATION TODAY

How Can Self-Defense Be Proven in an Assault Case?

The Law Office of Aaron Fonseca Jan. 1, 2026

Women defending herself from thiefWhen someone is arrested for assault in Texas, one of the first questions they often ask is whether they can argue self-defense. As an attorney at The Law Office of Aaron Fonseca, I often explain that Texas law gives people the right to protect themselves when they reasonably believe they’re in danger. 

Still, even though the law provides this protection, proving self-defense in court requires careful explanation, credible evidence, and a clear understanding of how these cases work. Because I focus heavily on criminal defense, I see firsthand how important it is for people to understand what the law allows and how their actions will be judged.

In the early stages of any assault case, a self-defense claim tends to feel overwhelming for clients because so many details matter. A simple misunderstanding, a heated argument, or a moment of genuine fear can lead to charges that carry significant penalties. 

That is why the foundation of a strong criminal defense strategy often begins with explaining exactly how Edinburg, Texas, views self-defense. Schedule a consultation today to fight for your rights. I will be there every step of the way with the best possible outcome in mind.

Texas Self-Defense Law

Texas Penal Code Chapter 9 outlines when someone is justified in using force to protect themselves. In a strong criminal defense argument, it must be shown that a reasonable person in the same situation would have believed that force was immediately necessary to protect against another person’s use or attempted use of unlawful force. This standard is not based on hindsight but on what was happening in the moment.

Another significant piece of Texas law is the “stand your ground” principle. Unlike some other states, Texas does not require someone to retreat before using force if they have a legal right to be present. 

The stand-your-ground law is a powerful aspect of any criminal defense argument because it reinforces the idea that people don’t have to flee when they feel threatened. Instead, they can act in their own protection, provided their response is appropriate.

In addition to ordinary self-defense, Texas allows deadly force self-defense under particular circumstances. This area requires careful attention in any criminal defense approach because the stakes are much higher and the legal threshold is stricter. 

Deadly force is only justified when the threat would cause serious bodily injury or death, or in certain situations involving violent crimes. When clients face serious charges, my responsibility at The Law Office of Aaron Fonseca is to show how the facts of the case match the legal standards.

Key Elements That Must Be Proven

To build a successful criminal defense based on self-defense in an assault case, several elements must be clearly established. These elements guide the evidence I gather and the arguments I present in court. Here are the core elements:

  • There was an immediate threat.

  • The belief in the threat was reasonable.

  • The level of force used was proportional to the threat.

These factors help shape the entire criminal defense strategy. Without them, a self-defense claim can’t stand. Each one must be supported with credible evidence, and each piece of evidence must show why the accused acted as they did.

How Evidence Supports a Self-Defense Claim

In my practice at The Law Office of Aaron Fonseca, gathering evidence is a central part of any criminal defense case involving self-defense. Evidence does not only include physical items or photographs—it includes statements, witness accounts, medical records, and sometimes expert testimony from specialists who can explain injuries or reconstruct events.

One of the strongest pieces of evidence in many assault cases is the client’s own account of what happened. However, I always remind clients that their statements must be consistent and supported by other evidence. Courts want to see not just a claim of fear, but proof that the fear was reasonable. 

For this reason, I often examine any available video footage, police body camera recordings, and third-party statements. These materials help me show how the threat appeared in the moment, which is critical in criminal defense proceedings.

Medical records can also support a self-defense claim. If my client was injured during the incident, those injuries can show that they had reason to believe they were in danger. In some criminal defense cases, the prosecution may argue that the injuries were self-inflicted or unrelated, which is why documentation and analysis must be thorough.

Showing That the Response Was Proportional

Proportionality is another cornerstone of Texas self-defense law. A person’s response must reasonably match the threat they faced. In building a solid criminal defense, I often compare the actions of both parties. For instance, responding to a shove with a deadly weapon will be much harder to defend than responding to an attempted choke or the presence of a knife.

This is where witness testimony can become especially helpful. Independent witnesses can describe the aggressor’s behavior, the severity of the danger, and the rapid nature of the event. Their accounts can strengthen the criminal defense by confirming that my client responded reasonably under the circumstances.

Take Legal Action Today

Proving self-defense in an assault case requires careful attention to facts, a clear understanding of Texas law, and a strong criminal defense approach that brings every relevant detail to light. 

At The Law Office of Aaron Fonseca, I work closely with clients to build a complete picture of what happened, why they acted, and how the law supports their actions. With the right legal strategy, a self-defense claim can stand up to the accusations brought in court. I’m proud to serve Edinburg, Texas, and the surrounding areas of McAllen, Mission, and the Rio Grande Valley. Call today.