Fighting To Protect Your Right To Self-Defense
In today’s world, ordinary citizens are often confronted with dangerous and life-threatening situations. Self-defense is a legal defense to almost any assault charge, including aggravated assault and murder. The right to self-defense, including the right to threaten to use deadly force, is so fundamental that, at a trial, if there is any reasonable doubt as to whether self-defense applies, a jury would have to return a verdict of not guilty.
At The Law Office of Jason Luong, PLLC, in Houston, attorney Jason Luong has valuable legal experience serving as a former criminal district court judge and as a former Harris County felony and misdemeanor chief prosecutor. This diverse experience allows him to view every case from every side so that he can help build a strong case on your behalf.
The Law Of Self-Defense
Self-defense applies when a person “reasonably believes the force is immediately necessary to protect” himself or herself from another’s use or attempted use of unlawful force. Texas Penal Code § 9.31(a). A person is entitled to use deadly force in self-defense if the requirements of § 9.31(a) are met and “when and to the degree the actor reasonably believes the deadly force is immediately necessary.” § 9.31(a)(2). Self-defense applies where the “defendant reasonably perceives that he is in danger, even though that perception may be incorrect.” Whether a person’s belief was reasonable must be viewed “from the accused standpoint” at the time and under the circumstances of the incident.
The law of self-defense also allows a person to display a weapon, such as a gun, when he or she is faced with an apparent danger of bodily injury. Also, self-defense does not require a person to retreat before threatening to use deadly force, so long as the person has the right to be present at the location and is not engaged in criminal activity.
Many experienced lawyers do not know that the state has the burden of proving that the defendant was not acting in self-defense. If there is any reasonable doubt as to whether the person was acting in self-defense, the law requires that that doubt be resolved in his favor.
Real-Life Experience Defending Self-Defense Claims In Houston
Experienced criminal defense lawyer Jason Luong has used self-defense to successfully defend many people charged with even the most serious of assault charges, including the following:
- An Iraqi war veteran was charged with shooting another person at point-blank range at a mechanic shop. Jason Luong successfully argued to the grand jury that his client was acting in self-defense after the other person lunged at Jason’s client with a wrench. The grand jury returned a No Bill, and the charge was dismissed.
- Jason’s client was confronted by several teens who were harassing and threatening the client. Jason successfully convinced the grand jury that the client was acting in self-defense when he threatened the youths with a baseball bat. The grand jury refused to indict Jason’s client, and the charge was dismissed.
- Jason’s teenage client punched the neighborhood bully, who was harassing and threatening the client’s cousin. The bully suffered a lost tooth. Jason argued that the client was acting in defense of others. The grand jury agreed and returned a No Bill for Jason’s client.
Whether your self-defense case involves an assault charge or domestic violence allegations, you can trust attorney Jason Luong to provide the experienced defense representation you need to protect your rights.
Schedule Your Free Consultation Today
In Texas, you have a right to self-defense. When you work with The Law Office of Jason Luong, PLLC, attorney Jason Luong can help protect and preserve that right. To schedule a free initial consultation in Houston, call 281-400-1605 or fill out an online contact form to get started.
