Understanding Texas Self-Defense Laws

Self-defense is a primary legal right to protection from the harm of another. However, Texas makes the line on when and how you can lawfully exercise self-defense rather convoluted. The need to comprehend Texas’ self-defense laws is very fundamental if you live in League City, Galveston, or other areas of Texas.

That knowledge may be of vital importance in case one needs to defend oneself, family, or any of one’s properties. In the article below, we discuss major elements included in Texas self-defense laws and when it is recommended that you consult a criminal defense attorney.

What does Texas law say about self-defense?

Texas is infamous for having some of the strongest self-defense laws, particularly its “Stand Your Ground” and “Castle Doctrine” provisions. These are laws involved when and where a person may use force, even deadly force, to protect themselves without suffering from any sort of legal ramifications.

The Castle Doctrine

The Castle Doctrine is a legal principle derived from English common law and provides that your home is your “castle.” In Texas, this doctrine extends not just to your home but also to your vehicle and workplace. 

This doctrine justifies the use of force—possibly deadly force—when:

• Forceful and unlawful entry of the intruder into your house, car, or workplace.
• You are lawfully present at the location where the incident occurs.
• You have not provoked the intruder or instigated the confrontation yourself.

Under those conditions, you would be considered to reasonably be in fear of imminent danger and may justify the use of force. Yet again, things involving self-defense can face complications immediately, and misunderstandings may occur which lead to charges under criminal law. That’s why consulting a criminal defense attorney is recommended if you’re facing any legal issues stemming from self-defense.

Learn more: When is Self-Defense an Effective Criminal Defense Strategy?

Stand Your Ground Law

Texas also has a “Stand Your Ground” principle, meaning you are not legally obligated to retreat before using force when you are in a location where you have a legal right to be. This law that works outside of your home – for instance, in public areas – applies as long as:

• You have every right to be there.
• You do not take part in any form of crime.
• You did not provoke the fight.

If these conditions are satisfied, then force may be used, including deadly force in defense of oneself or another person.

Under What Circumstances Is the Application of Lethal Force Justified?

Under Texas Penal Code Section 9.32, a person is justified in using deadly force if the actor reasonably believes such force is immediately necessary to protect themselves against the other’s use of unlawful deadly force. A person is justified in using deadly force to prevent certain crimes such as:

• Aggravated Kidnapping
• Murder
• Sexual Assault
• Aggravated Robbery

As can be gleaned from these scenarios, one of the key factors is whether a reasonable person would believe deadly force was at least perceived as necessary to prevent harm, or to protect against one of these serious crimes. There are so many specific circumstances that surround each case, so for your questions regarding your situation, contact the criminal defense attorney from the Law Offices of Tad Nelson & Associates for professional advice.

Duty to Retreat vs. No Duty to Retreat

As stated earlier, Texas is a “no duty to retreat” state. This simply implies that there is no legal requirement to retreat if one is in a place where s/he has a legal right to be. In contrast, “duty to retreat” states require it of a person to try and retreat before applying force.

While this may be particularly empowering for Texas residents, keep in mind that any force applied must nevertheless be justified by the circumstances existing at the time. If you have been indicted for a crime due to an act of self-defense, a knowledgeable League City or Galveston criminal defense attorney can evaluate your case and construct an effective defense on your behalf.

Contact Our Criminal Defense Attorney Today

Even in situations where self-defense is legally justified, the aftermath may indeed be filled with criminal investigations, charges, and even civil lawsuits. But through working with a skilled Texas criminal defense attorney, your rights are protected, and importantly, your side of the story is represented.The attorneys at Law Offices of Tad Nelson & Associates, have experience in self-defense cases for years in League City and Galveston. For any aspects of legal concerns or understanding of your rights, just contact us at 281-280-0100.