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When facing federal charges where self-defense is a factor, a Houston federal criminal defense attorney who understands both state and federal law becomes essential to your defense.

Criminal Defense Lawyer Robert J. Fickman has defended the accused in State and Federal Court for over 40 years.  Not all criminal defense lawyers practice in State and Federal courts.  Many criminal defense lawyers avoid taking federal cases due to their complexity and unique procedural rules.   Robert Fickman defends the accused when they are charged with State offenses and Federal Offenses.  He has handled over 300 Federal Criminal cases.

Most crimes of violence that would involve the law of self-defense are charged in State court. For example, assault, Aggravated Assault, and Murder are all state crimes. When one is charged with one of these state crimes, they may have acted in self-defense. Under Texas law, self-defense is an affirmative defense.

Understanding Texas Self-Defense Protections

Texas provides some of the nation’s strongest self-defense protections. Under Texas Penal Code Sections 9.31, 9.32, and 9.33, individuals have significant legal protections when using force to defend themselves, their families, or their property.​

When Federal Jurisdiction Applies to Self-Defense Incidents

Offenses like Assault and Aggravated Assault may become Federal Offenses under certain circumstances.  Any offense may be charged in Federal court under the following circumstances:

• When the alleged offense happens on Federal Property: Occurs at a federal building, base, park, or VA facility.
• When the alleged offense involves a Federal Officer: A federal agent or employee is part of the incident.
• When the alleged offense is linked to a Federal Crime: Connected to drug, firearm, or interstate offenses.
• When the alleged offense involved crossing State Lines, it involves interstate conduct or commerce.
• When the alleged offense violates a specific federal statute.

Self Defense under Federal Law

The Fifth Circuit Court of Appeals Federal Criminal Pattern Jury Instructions provide the law that would likely be applied when one asserts self-defense against a federal charge.

Pattern Jury Instruction 139  provides: That the use of force is justified when a person reasonably believes that force is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably required under the circumstances. [Force likely to cause death or significant bodily injury is justified in self-defense [defense of another] only if a person reasonably believes such force is necessary to prevent death or substantial bodily harm.]

Once the Defense has asserted and produced some evidence of self-defense, the government must prove beyond a reasonable doubt that the defendant did not act in self-defense. If and only if the defendant has met his burden of production, the Government bears the burden of persuasion and must negate self-defense beyond a reasonable doubt.

It is a necessary precondition to the claim of self-defense that the defendant be free from fault in prompting the use of force. The accused cannot assert self-defense if he is engaged in any unlawful activity when force is used, and he must have a legal right to be at the location. The accused cannot provoke the person against whom they used force. The use of force in any situation must always be reasonable under the circumstances.

Building an Effective Federal Self-Defense Strategy

Defending a federal criminal charge by asserting that one acted in self-defense requires a thorough investigation of the alleged crime scene. A skilled private investigator and forensic expert may be utilized to conduct a comprehensive scene investigation. ​

Critical defense steps include:

• Evidence Preservation: Securing physical evidence, surveillance footage, and witness statements before federal investigators control the narrative​
• Expert Analysis: Engaging forensic experts and use-of-force specialists who can testify about the reasonableness of your actions under both Texas and federal standards​
• Early Case Development: Building your self-defense claim before federal prosecutors finalize charging decisions may also help a person avoid indictment.
• Suppose the Defense develops overwhelming evidence that the accused acted in self-defense. In that case, the Defense may elect to “Show its cards” to the prosecution in an effort to persuade the Government not to seek an indictment.

Contact Our Houston, TX Federal Criminal Defense Lawyer Today

Facing federal charges while asserting your right to self-defense requires immediate legal representation from an attorney who understands both state self-defense law and federal criminal procedure. Robert J. Fickman, Criminal Defense, has successfully defended clients by asserting that his clients acted in self-defense.

Call our Houston federal criminal defense attorney at (713) 655-7400 or contact us online today to discuss your federal self-defense case and protect your rights.