Can You Defend Yourself Against Police Excessive Force?

 Posted on March 27, 2025 in Practical Advice

With a very narrow exception, it is virtually never legal in the state of Texas to use self-defense against a police officer. Using self-defense against a police officer – even if you feel justified because the officer is using excessive force – is generally charged as resisting arrest or assault. Under Texas Penal Code 9.31(c), if a police officer uses excessive force before the person attempts to resist, then that person may, in response, use "reasonable force to resist."

As you might imagine, this is a very complex area of the law, and claims of self-defense against a police officer are rarely successful without clear documentation of excessive force. While Texas generally allows the use of self-defense, and self-defense is one of the primary defenses to charges of assault, there are certain limitations. If you have been charged with assault or resisting arrest, and you believe you were justified in your response to excessive force, speaking to a Conroe, TX criminal defense attorney can be beneficial.

When is Self-Defense Legal in Response to a Police Officer’s Excessive Force?

To justify any level of resistance or self-defense when dealing with a Texas police officer, the officer must first be using more force than the situation legally justifies. You must be in actual, imminent danger of serious injury or death. Most importantly, if the officer stops using excessive force, you must immediately stop resisting or defending yourself.

If you did something that caused the officer to use excessive force, it is unlikely your claim of self-defense would be viable. Self-defense or any level of force cannot be used to resist a search or an arrest, even if you believe it to be unlawful unless the officer is using excessive force. Unless there are witnesses to the incident, it is highly unlikely that claims of self-defense would ever be successful when a police officer is involved.

What About Defending Your Property in Texas?

Under Texas Penal Code 9.41, you may use reasonable, non-deadly force to prevent someone from trespassing on your property or to prevent unlawful interference with your possessions. Deadly force may only be used in the protection of your property if it is immediately necessary to prevent arson, robbery, aggravated robbery, burglary, nighttime theft, or nighttime criminal mischief.

If someone is stealing your car where it is parked in your carport, you have the right to use force to stop the theft. However, the use of deadly force in this situation could be more difficult to justify unless the car thief also had a weapon and attempted to use it. If the police are taking your property, you may not use force in response.

When is Self-Defense a Viable Defense to Assault Charges?

If someone other than a police officer physically attacks you, you have the right to defend yourself – within certain limits. In Texas, physical assault is defined as intentional, knowing, or reckless threats, offensive physical contact, and causing bodily injury to another person. If your level of violence exceeds what is considered "necessary" or when there is no immediate threat to you, another person, or property, then you could be charged with assault.   

What About the Texas Stand-Your-Ground Law?

If you genuinely believe that the only way to protect yourself from another person’s use or attempted use of unlawful force is through causing that person bodily harm, then it is legal under the stand-your-ground law. In other words, if you are attacked, you have the right to defend yourself. You are not required to flee or retreat as some states require, but you only have the right to use "proportionate force." 

Proportionate force holds that if a person punches you in the nose, you are not allowed to shoot him in the chest with a shotgun. It is also worth noting that if someone threatens to punch you in the nose, and you hit him first, this is not considered self-defense.

Contact a Montgomery County, TX Assault Lawyer

If you are charged with assault or another criminal offense, the sooner you speak to an experienced Conroe, TX assault attorney from Pullan & Young, the better your outcome is likely to be. Attorney Pullan was formerly an Assistant District Attorney, while Attorney Young was a former prosecutor. These unique perspectives benefit clients. Call 936-647-1540 to schedule your free consultation.