Legal Question in Criminal Law in Texas

In Texas

Plea was guilty reason of self defense. After being assaulted with a knife from the person that stole money from the victim. The victim went home and got a gun. The person then comfronted the person and for about an half hour argue about giving back the money. The hole time the victim kept the gun in his pocket the whole time of the arguement. Then the original assailent rushed forward planning to attack the person and the gun was taken out of the pocket and fire. The person was so scared at that time that he empty the gun into the assailent. The person never denied shoting the assailent and that is why he pleaed guilty by self defense. When it came time for the Judge to instruct the Jury he said he had a problem with the person going home and getting a gun and coming back to confront the assailent and would not instruct the Jury on the self defense plae only the charge of murder which the Proscutor was charing the person with. Can a Judge decide that the Jury came only decide for the Proscutors charge and not decide also if the defendent might have resons to act like he did. Isn't the Jury suppose to decide from the facts which might be the fair justice in the matter.


Asked on 3/22/12, 2:16 pm

1 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

There is no such plea. You'd have to plead NOT guilty, and assert an affirmative defense of self-defense (which the defense would then have the burden of proving) for the jury to be able to do anything but find you guilty. If this was instead supposed to be some kind of mitigating evidence offered just with the intention to lessen the punishment (because there was an obviously imperfect self-defense issue that clearly was not going to meet the legal requirements), that might explain why it wasn't in the charge--whatever evidence was offered would have to at least arguably meet those requirements before it would justify including a self-defense instruction in the jury charge. I'm afraid that the judge would have been correct about the whole going home and getting a gun and coming back part of things--under very well-established Texas law, that completely invalidates a self-defense argument.

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Answered on 3/22/12, 4:31 pm


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