Self-Defense and Mutual Combat in Texas: When the Law Is on Your Side, But the Charge Isn’t
You were provoked. You were threatened. Maybe you stood your ground—or maybe you walked away until you couldn’t anymore. Then the fight happened. And now you’re the one in handcuffs.
At Christian, Nisbet & Casillas, we’ve defended countless people charged with assault who were just trying to protect themselves. Texas law recognizes self-defense—but that doesn’t always stop the police from arresting you first and asking questions later. Our job is to make the truth clear and your side of the story undeniable.
What Counts as Self-Defense in Texas?
Under Texas Penal Code §9.31, you are legally allowed to use force when:
You reasonably believe it’s necessary to protect yourself from another person’s use or attempted use of unlawful force
The force used is proportional—not excessive
You didn’t provoke the attack or willingly participate with the intent to escalate
In other words: you can defend yourself, but the law expects you to act reasonably. And if you’re being accused of assault, it often comes down to how the facts are framed.
What Is Mutual Combat?
Texas doesn’t officially use the term “mutual combat,” but it’s a real concept in court. It applies when:
Both parties consented to fight or escalate a conflict
The incident wasn't one-sided, and there was no clear victim or aggressor
There may have been a misunderstanding, an emotional dispute, or a mutual decision to confront each other physically
Even in these cases, police often arrest one person—or both. But agreeing to fight isn’t the same as committing a crime, especially if you didn’t use a weapon or cause serious harm.
Recent Legal Shifts and Considerations
Castle Doctrine & Stand Your Ground Laws: Texas continues to support strong self-defense protections, particularly in your home, vehicle, or workplace.
Body cam scrutiny: Law enforcement video has become a double-edged sword—used by both sides to prove or disprove claims of provocation, escalation, or retreat.
Social media evidence: Courts are increasingly using messages, photos, and videos shared before or after a fight to determine intent and consent—so what you post matters.
How We Defend Self-Defense and Mutual Combat Cases
1. We Reconstruct What Really Happened
We use surveillance footage, text messages, witness statements, and your account to paint the full picture—not just the part that led to your arrest.
2. We Challenge the State’s Narrative
If you were responding to a threat, we'll show it. If you tried to de-escalate, we'll prove it. If they struck first, we’ll make it clear.
3. We Argue for Dismissal Based on Justification
Self-defense isn’t a loophole—it’s a legal right. If your actions were justified, the court should never convict you. We make that argument forcefully.
4. We Push for Fair Outcomes If Things Got Out of Hand
If you both made mistakes, we push for resolutions like deferred adjudication, pretrial diversion, or even anger management—not jail time.
What You Should Do Now
Write down everything you remember—before details fade
Don’t contact the other person involved, even if they want to talk
Save texts, call logs, or video of the incident or what led up to it
Call an attorney before speaking to police or appearing in court
Final Thoughts
You’re allowed to protect yourself. You’re allowed to stand your ground. And not every fight is a crime. But once you’ve been charged, the burden shifts—and that’s where we come in.
When your defense gets twisted into a crime…we’re that call.
