One of the most common ideas people accused of assaulting another have is that they can claim they acted with reasonable force in self-defense. Indeed, they might honestly have believed this at the time they laid a hand on the other person, too.
While this certainly can be a valid defense, in many cases it is not, and that can leave the person wishing they had acted with more restraint. Here are some cases where a court is unlikely to consider any force you used justified:
If the other person did nothing but speak
Maybe you believed the person when they told you they were going to break every bone in your body or make you rue the day you crossed paths with them. However, the Texas penal code states that “The use of force against another is not justified: (1) in response to verbal provocation alone;”
If you agreed to them using or trying to use a specific type of force
You’ve probably seen people in confrontations in the movies telling another party to “go ahead and try”– try and cut them with the knife, try and grab that pistol and shoot them or try and land a punch on them. If someone goes ahead and does or tries to do that exact thing you consented to them doing, the thrashing you give them in response is unlikely to qualify as self-defense.
If the other person was a police officer trying to search or arrest you
No one wants to get arrested – that is understandable. However, the law makes it clear that you cannot use force against an officer to stop them from searching or arresting you.
Note there may be exceptions made if the officer uses or tries to use greater force than necessary before you have resisted, or if you believe you must act immediately to protect yourself from them using more force than necessary.
Using self-defense as a defense to criminal charges is incredibly complex. If you find yourself needing to, be sure to seek legal guidance to determine how best to proceed.