Q: Does charging towards another person with a clenched fist constitute simple assault in Texas?
Additionally, is it self-defense to strike the charging person to stop them?
A:
It could be Assault by Threat.
You can read about the specifics of that offense here: https://www.pacefirm.com/faq/assault-by-threat.html
The Texas law on self defense allows the use of force when you reasonably believe force is immediately necessary to protect oneself from another person's use of unlawful force or attempted use of unlawful force. See Texas Penal Code 9.31 for the specifics.
Suppose a person who does not have a legal justification for shooting you fires a weapon but the bullet misses you. That is an attempted use of unlawful force so you don't have to wait for them to actually hit you before using force in self defense.
I'm not sure if a person charging has attempted to use force, but there are concepts of "anticipatory" or "preemptive" self-defense, but you might have to fall back on the legal defense of "Necessity" which is usually not as good as self defense, but may fit this situation perfectly. See Texas Penal Code 9.22 for details.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
