Is It Possible to Claim Self-Defense in a Domestic Violence Case?

Domestic violence incidents are more common than many of us think, and it’s easy for victims to end up facing charges. There are a few reasons for this; some people become jealous and vindictive, while others become the victims of poor police work. No matter the reason for the charges, a San Antonio criminal defense lawyer can help you avoid a wrongful conviction.

When Self-Defense Is Appropriate

The self-defense concept is often misunderstood. Although most of us accept that people should protect themselves from harm, Texas has specific rules. Self-defense claims arising from domestic violence cases are complex, but things can be made simpler with an attorney’s advice.

Why Claims Are Rejected

Generally, prosecutors aren’t willing to hear claims of self-defense during domestic violence cases. Many try to use the strategy when it doesn’t apply, which makes it hard for real victims to prove their innocence. Though juries and judges are supposed to focus on the facts, they tend to look unfavorably on attackers pretending to be victims. Here are a couple of reasons a self-defense claim may be dismissed:

Immediate danger: If a “victim” creates the situation in which they’re attacked, their claim may be dismissed.
Irrational response: Although it’s legal to defend yourself against an abuser, the circumstances are limited. A victim’s response must be proportionate to the threat they face.

Your attorney will be able to tell you whether your case is likely to succeed.

Self-Defense Help Is Available in Domestic Violence Cases

If you’re planning to claim self-defense in a domestic violence case, you should realize that you’re facing an uphill battle. It’s hard for an alleged aggressor to prove that they, in fact, were a victim of domestic violence. A skilled San Antonio criminal defense lawyer will investigate the case and hear what you have to say. Visit us at, or call the Law Office of Jesse Hernandez to request a consultation.