Texas Penal Code Practice

Question: 1 / 400

Under what circumstance might a self-defense claim be considered invalid in Texas?

When the individual started the altercation

A self-defense claim may be considered invalid in Texas when an individual starts the altercation. The law generally holds that a person cannot claim self-defense if they were the aggressor or initiated the conflict. Texas law recognizes that self-defense is intended to protect individuals from imminent harm; therefore, if a person willingly engages in a confrontation, they cannot later invoke self-defense if the situation escalates.

In this context, starting the altercation undermines the principle of self-defense, which is meant for those acting in response to an unprovoked attack. The requirement for self-defense is that the defender must not have been the one who initiated the confrontation for their claim to be justified under Texas law. This principle emphasizes the expectation that individuals should not provoke violence and then retreat behind self-defense as a justification for their actions.

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When the threat is perceived and no actual harm is intended

When the individual has a prior criminal record

When the individual is intoxicated

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