This defense applies anywhere you have a legal right to be. Texas is a Stand Your Ground state, which means you generally have no duty to retreat before using force to protect another person, as long as you are not engaged in criminal activity yourself—an important concept when understanding the penalties for aggravated assault and how justification defenses may apply.
By Nathaniel Pitoniak on January 16th, 2026 in Criminal Defense
You did what you thought was right. You saw someone, such as a friend, a family member, or a complete stranger, being viciously attacked, and you stepped in. Your goal was to stop the violence and protect a life. But instead of being thanked, you were the one put in handcuffs.
Now, you are facing an aggravated assault charge. In Texas, that is a felony, which means you are looking at potential prison time, a permanent criminal record that follows you forever, and the loss of fundamental rights—consequences an Aggravated assault attorney in Houston works to protect you against at every stage of the case.
But the law does recognize that saving a life should not cost you your freedom. This is where the legal principle of Defense of Others comes into play. It is a powerful legal shield codified in Texas Penal Code § 9.33.
Just because you have been charged does not mean you will be convicted. We have significant experience presenting defense-of-others claims to Grand Juries to secure No Bills, which is a dismissal of the charges before a case ever reaches a trial courtroom.
If you are facing charges after protecting someone in Houston or Harris County, the time to build your defense is now. Call the Law Office of Nathaniel Pitoniak.
Key Takeaways for Defense of Others
- You may use force to protect a stranger. Texas law allows you to defend anyone, not just family, if you reasonably believe they are in imminent danger.
- Your actions are judged on what was reasonable at the moment. The law uses the “stand in the shoes” doctrine, meaning you are justified in using the same level of force the person you were protecting would have been justified in using.
- An arrest does not mean a conviction. Police typically make arrests based on incomplete information at the scene, but a strong legal defense proves your actions were justified under the law.
The Legal Core: What Is Defense of Others?
The concept of Defense of a Third Person is an affirmative defense. This means we are not arguing that you didn’t use force. We are stating that you did use force, but that your actions were entirely justified and lawful under the circumstances. The law provides a framework for when this justification applies.
Who Does It Apply To?
This defense is not limited to protecting people you know. You are just as justified in defending a stranger in a parking lot as you are in protecting your spouse or child at home. The relationship between you and the person you defended is less important than the immediate danger they were in.
When Does It Apply?
The threat must be imminent. This means the harm was happening right then and there. Defense of others does not apply to retaliation for a past attack or to prevent a possible threat in the distant future. Your actions must have been necessary in that specific moment.
Where Does It Apply?
Why Is It A Shield?
Because it acknowledges a harsh reality: sometimes, using force is the only way to stop a worse outcome. It serves as a legal shield by justifying your conduct, transforming an act that would otherwise be a crime into a lawful, protective measure.
The Stand in the Shoes Doctrine: How the Law Views Your Actions
Texas law uses a straightforward concept to evaluate your actions: you are legally allowed to “stand in the shoes” of the person you were defending. Simply put, you have the right to use the same level of force that the third person would have been justified in using to protect themselves.
This is especially important in aggravated assault cases, which by definition involve either a deadly weapon or the infliction of serious bodily injury. The question becomes: was the person you saved facing a threat of death or serious bodily injury? If the answer is yes, then under the law, you were likely justified in using deadly force to stop that threat, according to Texas Penal Code § 9.32.
What If You Were Mistaken About Who Started It?
In the chaos of a violent encounter, it is difficult to know who the initial aggressor was. What if you intervened to save someone who actually started the fight? The law accounts for this with the Reasonable Belief Standard. Your actions are judged based on what a reasonable person would have believed in that exact moment, with the information you had. Even if you were mistaken, if your belief that intervention was necessary was reasonable, the defense may still be valid.
Breaking Down the Prosecution’s Case: Where They Attack Your Defense
As former prosecutors in Harris County, we know precisely how the State will attempt to dismantle your defense-of-others claim. They will try to reframe your actions, painting you not as a protector, but as a vigilante who went too far. We anticipate these attacks and build a case to counter them from day one.
Attack Point 1: Proportionality
The prosecutor will ask, “Did you bring a gun to a fistfight?” They will argue that your use of force was excessive compared to the threat. Our defense focuses on demonstrating the real disparity of force.
Attack Point 2: Immediately Necessary
Expect the prosecution to argue that you should have just called 911. This is an unrealistic suggestion in a fast-moving, violent encounter. We demonstrate through witness testimony and physical evidence that by the time law enforcement could have arrived, the victim would have already been seriously injured or killed. Your intervention was the only option to prevent immediate harm—principles central to self-defense in aggravated assault cases.
Attack Point 3: Provocation
The State will look for any evidence that you provoked the incident or escalated the situation. Our job is to use every available piece of evidence—surveillance footage, bystander videos, and witness interviews—to prove that you entered the situation for one reason: to neutralize a threat and protect a life.
FAQ for Defense of Others in Texas
Can I claim defense of others if I used a weapon but the attacker was unarmed?
Potentially. Texas law does not require a weapon-to-weapon match. What matters is whether the person you defended was facing a threat of serious bodily injury or death. An unarmed attacker who is larger, stronger, or using their hands to strangle someone can absolutely present a deadly threat. We focus on proving the real danger the victim faced, not simply comparing what weapons were present—an issue that often arises when someone is charged with aggravated assault.
What if the attacker was seriously injured or killed as a result of my intervention?
The severity of the outcome does not automatically disqualify your defense. The legal question remains the same: was your use of force reasonable and immediately necessary to stop a threat of death or serious bodily injury to the third person? Tragic outcomes can result from justified actions.
Let’s Show the Courts What Really Happened
You should not go to prison for saving a life. But the criminal justice system is not designed to automatically sort out the heroes from the villains. A successful defense requires building a powerful legal foundation that proves your actions were necessary and justified under Texas law.
Do not speak to investigators or give any statements without legal counsel present. Your freedom depends on an immediate and professional defense.
Call the Law Office of Nathaniel Pitoniak today.
