Texas Self-Defense and Knife Laws

OUR PHILOSOPHY ON SELF-DEFENSE

As good and responsible citizens of the community, we must remember that we have a responsibility not to abuse our Art.  This means that we must only use our Art when it is absolutely required.

1. Our first goal must be to avoid any type of physical encounter.  One never knows what martial knowledge the attacker has, the mental state of the attacker (i.e. recently lost job, diagnosed with fatal disease, etc.), whether the attacker is under the influence of drugs or alcohol, or whether the attacker has a concealed weapon he may use or whether the attacker has one or more accomplices.

2. If we cannot avoid a physical encounter, by attempting to escape or otherwise, we must strike when the opportunity is presented to us. This means using a preemptive strike, if necessary.  A preemptive strike can be done in self-defense.  Many times an attacker is open when they are in the process of attacking us and their own actions create the perfect opportunity for us to strike.  The use of force is justified if we believe it is necessary to protect ourselves. The use of force is not justified when someone is simply calling us names or is threatening us or if there is no longer a threat.

3. Once we have decided that force is necessary, we must try to use only as much force is as necessary to protect ourselves. The Filipino Martial Arts refer to this concept as “defanging the snake” which means that we attack the weapon hand first. Once the attacker’s weapon hand is cut (defanged), he may choose not to continue the attack.  The attacker may be bleeding from the cut to the weapon arm, but at least he will be alive. With empty hands, the choke is one of the most humane ways we can deal with an attacker, since cutting off the oxygen and blood supply to the brain will make them “sleep” so that we can escape. The choke is our preferred method of dealing with an empty hand attack although it may take a few strikes before one can be in a position to choke the opponent.

4. If the attacker’s intent changes from trying to “hurt” us to trying to “kill” us, or if the attacker uses a deadly weapon, we are justified in using deadly force to protect ourselves.  We are also justified in using deadly force when the attacker is attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Before attempting to use deadly force, including our use of a weapon, we must first attempt to escape or retreat from the situation. We do not want to take another person’s life unless it is absolutely necessary, as this will weigh on our minds for the rest of our lives.

5. Once the physical confrontation has ended, it is best to immediately leave the scene of the attack.  Once the attacker recovers, he may call additional accomplices or get a deadly weapon from his car or elsewhere to use against you. If you leave the scene, you will be safe. If you are followed by the attacker, it is best to drive straight to a police station and report the incident.

THE LAWS OF SELF-DEFENSE

Texas law on self-defense is codified in the Texas Penal Code (http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm). Below are excepts from certain Texas statutes that set forth the level of lawful force that may be used to protect yourself, third persons, your property, or the property of others.

A. The General Self-Defense Statute

Chapter 9.31 of the Texas Penal Code is the general self-defense statute.  It provides as follows:

§ 9.31.  SELF-DEFENSE.
(a)  Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the
other's use or attempted use of unlawful force.  The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
       (1)  knew or had reason to believe that the person against whom the force was used:
                 (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied
                       habitation, vehicle, or place of business or employment;
                 (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from    
                       the actor's habitation, vehicle, or place of business or employment; or
                 (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual
                       assault, robbery, or aggravated robbery;
         (2) did not provoke the person against whom the force was used; and       
         (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or
               ordinance regulating traffic at the time the force was used.
(b)  The use of force against another is not justified:                       
           (1) in response to verbal provocation alone;                                
           (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a
                 peace officer's presence and at his direction, even though the arrest or
                 search is unlawful, unless the resistance is justified under Subsection (c);
           (3) if the actor consented to the exact force used or attempted by the other;
           (4) if the actor provoked the other's use or attempted use of unlawful force, unless:
                   (A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably   
                         believing he cannot safely abandon the encounter;  and
                   (B) the other nevertheless continues or attempts to use unlawful force against the actor;  or
           (5)  if the actor sought an explanation from or discussion with the other person concerning the actor's differences
                 with the other person while the actor was:
                 (A)  carrying a weapon in violation of Section 46.02;  or                 
                 (B)  possessing or transporting a weapon in violation of Section 46.05.   
(c)  The use of force to resist an arrest or search is
justified:          
           (1)  if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts
                 to use greater force than necessary to make the arrest or search;  and
           (2)  when and to the degree the actor reasonably believes the force is immediately necessary to protect himself
                 against the peace officer's (or other person's) use or attempted use of greater force than necessary.
(d)  The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
(e)  A person who has a right to be present at the location where the force is used, who has not provoked the person against
     whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat
     before using force as described by this section.
(f)  For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

B. Use of Deadly Force in Self-Defense

Chapter 9.32 of the Texas Penal Code explains when deadly force is justified in self-defense.  Section 9.32 provides that:

§ 9.32.  DEADLY FORCE IN DEFENSE OF PERSON. 
(a)  A person is justified in using deadly force against another:
             (1) if the actor would be justified in using force against the other under Section 9.31; and
             (2)   when and to the degree the actor reasonably believes the deadly force is immediately necessary:
                       (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
                       (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault,
                             aggravated sexual assault, robbery, or aggravated robbery.
(b)  The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that
       subdivision is presumed to be reasonable if the actor:
             (1) knew or had reason to believe that the person against whom the deadly force was used:
                       (A)  unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's
                               occupied habitation, vehicle, or place of business or employment;
                       (B)  unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor                                     from the actor's habitation, vehicle, or place of business or employment; or
                       (C)  was committing or attempting to commit an offense described by Subsection (a)(2)(B);
             (2) did not provoke the person against whom the force was used; and       
             (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or
                   ordinance regulating traffic at the time the force was used.
(c)  A person who has a right to be present at the location where the deadly force is used, who has not provoked the person
     against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is  
     not required to retreat before using deadly force as described by this section.
(d)  For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed
     that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

Chapter 9.33 of the Texas Penal Code explains when a person is justified in using force to defend a person other than himself/herself: Chapter 9.33 provides:

§ 9.33.  DEFENSE OF THIRD PERSON. 
A person is justified in using force or deadly force against another to protect a third
person if:
   (1)  under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31
           or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he 
           reasonably believes to be threatening the third person he seeks to protect; and
   (2)  the actor reasonably believes that his intervention is immediately necessary to protect the third person.

C. Use of Force to Protect Property

Chapter 9.41 of the Texas Penal Code explains when people can use force to protect their property (as opposed to persons).

§ 9.41.  PROTECTION OF ONE'S OWN PROPERTY.
(a)  A person in lawful possession of land or tangible, movable property is justified in using force against another when and
     to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's
     trespass on the land or unlawful interference with the property.
(b)  A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the
       other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or
       recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
           (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor;  or
           (2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

D. Use of Deadly Force to Protect Property

Chapter 9.42 of the Texas Penal Code explains when deadly force is justified to protect one’s property.  Chapter 9.42 explains that:

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1)  if he would be justified in using force against the other under Section 9.41; and
(2)  when and to the degree he reasonably believes the deadly force is immediately necessary:
             (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;  or
             (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;  and
(3)  he reasonably believes that:
             (A)  the land or property cannot be protected or recovered by any other means; or
             (B)  the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

E. Use of Force to Protect the Property of Others

Chapter 9.43 of the Texas Penal Code explains when a person is justified in using force to protect the property of another person. Chapter 9.43 explains that:

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1)  the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;  or
(2)  the actor reasonably believes that:
                 (A) the third person has requested his protection of the land or property;
                 (B) he has a legal duty to protect the third person's land or property;  or
                 (C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

F. Definition of an “Illegal knife” in Texas

Chapter 46.01 of the Texas Penal Code (http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm) defines an “Illegal knife” as a:

 (A) knife with a blade over five and one-half inches;
 (B) hand instrument designed to cut or stab another by being thrown;
 (C) dagger, including but not limited to a dirk, stilletto, and poniard;
 (D) bowie knife;
 (E) sword; or
 (F) spear.

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