There are situations in which you feel the need to protect yourself, but the danger you face isn’t exactly clear-cut, such as when you need to make a judgment call. Situations like these can be as confusing as they are frightening. In other words, they put you in the difficult position of needing to assess what’s called apparent danger.
In the State of Texas, even if the threat you thought you were experiencing ends up not being a threat at all, your right to protect yourself in the face of what you reasonably believed was a serious risk generally remains. If this is the very challenging situation you find yourself in, reach out for the focused legal counsel of an experienced Round Rock criminal defense attorney today.
Common Examples
Most of us have experienced frightening situations in which we’re not exactly sure why we are terrified, but we definitely are. If the circumstances would leave any reasonable person fearing that their safety is at risk, it amounts to what the law calls apparent danger. Common examples include:
When you’re walking down the street alone at night, and someone behind you is matching your pace and your movements, including when you speed up or slow down
When you’re aggressively approached by someone in a dark parking lot or in a spot where it’s just the two of you
When someone makes a sudden movement toward you, which makes you think they’re grabbing for a weapon to use against you
This list could go on and on because every instance of apparent danger is unique to the unique circumstances involved.
Most of us have felt fear that isn’t as clear as someone physically attacking us with a weapon out of the blue, and when the circumstances are right, the law sometimes supports our right to use physical force to protect ourselves from what we consider apparent danger.
Self-Defense in Texas
In Texas, justified self-defense refers to using force against someone else to the degree that you reasonably believe the force is necessary to protect yourself from the other person’s use or attempted use of unlawful force. While the definition of self-defense is fairly straightforward, its application is less so. For example, self-defense isn’t applicable in situations like the following:
If the other person was only engaging in verbal provocation
If you consented to the other person’s use of force
If you were resisting arrest or a police search at the time – regardless of the legality of the arrest or search
If you provoked the other person into attacking you
Further, even if you have a legitimate reason for employing self-defense against another person, you don’t have the legal right to do so if your actions could recklessly harm or kill an innocent third party.
Self-defense claims only get more complicated from here, including each of the following:
Force or deadly force can only be used legally when it is immediately necessary to protect yourself from the other person’s use or attempted use of unlawful deadly force or to prevent them from committing one of several specific violent crimes, which include rape.
Force or deadly force can only be used in the protection of a third party when it’s immediately necessary to protect them.
Force or deadly force can only be used to protect your own or another person’s property if you reasonably believe it is necessary to protect the property or to prevent the commission of specific offenses – or to prevent the wrongdoer’s flight from the property.
If you use self-defense as a defense strategy in the face of a criminal charge in Texas, the burden of providing the jury with the evidence necessary to find your self-defense claim justifiable lies with you.
In response, the prosecution is tasked with persuading the jury that your actions were not motivated by self-defense. In such cases, a finding of guilty by the jury is a rejection of the defendant’s self-defense claim.
Your safety matters—so does your defense. Contact a savvy Round Rock criminal defense attorney for guidance.
Apparent Danger Defined
Texas doesn’t have a specific definition for apparent danger as it relates to self-defense. Instead, apparent danger is established as a matter of case law – or how the courts have ruled in similar cases in the past – in addition to relevant circumstances. The primary elements when it comes to apparent danger include justification and reasonable belief.
Justification
To begin, the defendant must be justified in using self-defense. This refers to having a reasonable justification for using physical force against another person. This justification translates to the defendant reasonably believing that the degree of force they used was necessary to protect themself against the other party’s unlawful use of force.
Reasonable Belief
Reasonable belief works in conjunction with justification when self-defense is claimed. Having a reasonable belief that the use of physical force was necessary comes down to demonstrating that other reasonably prudent people would have shared the same belief under similar circumstances.
This reasonable person standard plays a critical role in all self-defense cases and is especially important in cases that are based on apparent danger. If other people in your situation would have felt the same apparent danger – or would have held the same reasonable belief that they needed to protect themselves – your self-defense strategy will likely prove far more effective.
Understanding the Concept of Apparent Danger
The State of Texas understands that, in stressful situations, the matter of exactly how much danger you’re in isn’t always clear. If you reasonably believe that you are facing considerable risk, it can rise to the level of apparent danger, which can, in some situations, support a claim of self-defense. There are several primary points, however, that must be kept in mind.
Texas Employs the Reasonable Person Standard
As mentioned, Texas turns to the reasonable person standard when it comes to evaluating apparent danger in self-defense cases. If you can prove that other reasonable people – under the same circumstances and with the same knowledge you had – would have concluded that they were in imminent risk of harm, the reasonable person test is met.
The Perception of Threat Is Key
If someone comes after you with a toy gun that gives every impression of being real, and if you have no reason to believe otherwise, your perception of the threat you face is the key issue. While the other person knows that the gun is not a weapon and may not intend to harm you – this doesn’t alter your perception of the situation.
In other words, you could have a valid apparent danger claim even if you weren’t facing an actual threat. The law appreciates that it’s not always possible to accurately assess terrifying events and that if you reacted the same way that other reasonable people would have under similar circumstances, the force you used to protect yourself may be justified.
An important point to make here is that apparent danger is only applicable if the threat that you perceive involves imminent harm, which means you risk being harmed in the moment. Apparent risk isn’t a viable self-defense strategy for using excessive force or for starting a fight with someone else.
Jury Instructions and Apparent Danger
It’s important to know that the State of Texas – unlike some other states – doesn’t automatically provide separate jury instructions in cases involving apparent danger claims. This absence of instructions on the legally challenging concept of apparent danger can make successfully using this form of self-defense that much more difficult.
Without specific instructions, the jury may not understand what apparent danger means. This makes having a skilled criminal defense attorney – who has a wealth of experience successfully handling complex self-defense cases – in your corner a good plan.
Your formidable Round Rock criminal defense attorney will ably take on all the following in pursuit of your case’s best possible resolution:
Building a strong, cohesive case with a clear self-defense strategy that’s easy for the jury to follow
Highlighting the reasonable person standard – or affording the jury an opportunity to recognize that they would have very likely protected themselves in the same way under similar circumstances
Helping the jury connect the dots in your case – or using the available evidence to establish a streamlined narrative that speaks to your justified use of self-defense and that makes sense to the jury
Skillfully navigating the legal intricacies of apparent danger in your case – in fierce defense of your legal rights and in focused pursuit of an advantageous ruling
When a Claim of Apparent Danger Is Unlikely to Apply
The claim of apparent danger can be a powerful tool in your self-defense case, but its applications are limited under Texas law.
If You Were the Original Aggressor
If you were the original aggressor in the incident in question, claiming apparent danger is unlikely to do you any good. The State of Texas recognizes your right to protect yourself, but it does not feel the same about aggression on your part. Even if the other person escalated the risk that you set in motion, the defense of apparent danger probably won’t apply.
If You Used Excessive Force
Texas draws the line in self-defense cases when the degree of force used goes beyond what was reasonable. If you perceive a threat that passes the reasonable person test, you may be justified in using force to protect yourself, but you’re not justified in using more force than you reasonably need to protect yourself.
Reasonable in this context refers to the amount of force necessary to stop the imminent danger you face, and anything that goes beyond this isn’t likely to be covered in a claim of apparent danger.
If You Miscalculated the Threat
While you are not expected to thoroughly assess an emergency situation before responding, busting out full force when you clearly miscalculated the level of threat, you faced won’t support a claim of apparent danger. If the jury simply doesn’t agree with how you interpreted the risks that you faced, you’ll have a difficult time successfully arguing apparent danger.
Again, this comes down to your perception of the risk involved, and if your perception resonates with the jury, they’ll be far more likely to accept your version of events. If, however, they find your reasoning weak, your self-defense claim may be denied.
The Castle Doctrine and Stand Your Ground Laws
Texas also has a castle doctrine law and a stand your ground law that can overlap with apparent danger claims, and this highlights the complexity of self-defense cases.
The Castle Doctrine
Your home is your castle, and the State of Texas respects this fact. The castle doctrine ensures that you have no duty to retreat if someone unlawfully forces their way into your home, and you can use the force available to you, including deadly force, to protect yourself, your family, or your property.
This concept is rooted in the familiar notion that our homes are our sanctuaries, and we have the right to protect ourselves when we’re in them.
The Stand Your Ground Law
In Texas, you also have the right to stand your ground, which means to use proportionate force in self-defense against someone who is attempting to harm you – rather than being required to retreat if possible. If you have the legal right to be in the location you’re in and if you weren’t engaged in an illegal activity at the time, you have the right to stand your ground in Texas.
Seek the Legal Counsel of an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard welcomes the opportunity to use his impressive experience and legal insight to build your strongest self-defense case – in pursuit of an optimal outcome for you.
We are on your side and here to help, so please don’t wait to contact or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do for you today.