Assault vs. Self-Defense: Understanding These Concepts

Assault vs. Self-Defense: Understanding These Concepts

On Behalf of | Jan 23, 2025 | Criminal Defense

The concepts of assault and self-defense often intersect, and they have several elements in common. However, these are not one and the same and it is important for people to understand how.

What is assault in Texas?

Under Texas law, an assault happens when a person intentionally, knowingly or recklessly causes bodily injury to another and threatens another with imminent bodily injury. Assaults can range from a Class C misdemeanor for minor offenses to a felony for more serious injuries or if the victim is a public servant or family member.

There must be three elements present for the individual to be charged:

  1. Intent
  2. Action
  3. Victim

What is self-defense in Texas?

Under Texas law, self-defense is defined as allowing individuals to use reasonable force to protect themselves against an unlawful use of force.

Three elements must exist in self-defense:

  1. Imminent threat
  2. Proportionality
  3. Reasonableness

As you can see by now, assault and self-defense are different, even though they are often used interchangeably. However, it is extraordinarily important to understand and remember that self-defense can be a valid defense against assault charges, and it does not eliminate or skip the court process.