The Texas constitutional right to self defense is deeply rooted in state law. However, it’s important to understand how and when that right applies to situations in order to avoid criminal charges. Whether you are a concerned homeowner, a concealed carry license holder, or just want to better understand the legal protections provided by Texas self defense laws, it’s important to be clear on the appropriate code of conduct involved.
In this blog, we’re breaking down the key elements of self defense laws in Texas, including the Castle Doctrine and Stand Your Ground statute, and explaining how these principles apply to real-world scenarios. We’ll cover when force, or even deadly force, is legally permissible, the responsibilities Texas citizens have during confrontations, and common misconceptions that can lead to legal trouble.
Self-Defense Under Texas Law
According to Texas Penal Code § 9.31, Texas self defense, or using force against another person, is justified if someone reasonably believes it is necessary to protect themselves from imminent harm or danger. In other words, there are instances when nonlethal force may be used in defense of oneself. However, the situation should be assessed carefully before acting, and the use of force should match the threat and be in good faith without any malicious intent. Also, the use of force is not justified in response to verbal threats alone.
Texas Penal Code § 9.32 & § 9.33
Other statutes under Texas self defense laws include Texas Penal Code § 9.32 & § 9.33. Under 9.32, the use of deadly force, or force intended to cause serious bodily injury or death, is justified if using force is necessary as applies to 9.31 and it is reasonably believed that deadly force is immediately necessary to protect oneself from another person’s use of or attempted use of deadly force. This also applies when deadly force is used to prevent violent crimes, such as aggravated kidnapping, murder, sexual assault, or aggravated robbery.
Texas Penal Code § 9.33 applies to the legal use of force to protect another if the person reasonably believes that the intervention is immediately necessary to protect the third person.
Again, in all self defense scenarios, the situation should be assessed carefully before acting, and the use of force in defense should match the threat and be in good faith without any malicious intent.
Key Legal Requirements for a Self-Defense Claim
Basically, under self defense laws in Texas, justification for using force in defense may be claimed in the following circumstances:
- The individual used only the level of force needed to defend themselves
- The individual needed to use force to stop someone else’s illegal violence
- The person didn’t goad or prompt the other party to use force
- The individual wasn’t in the process of performing criminal activities or committing a criminal act
Difference Between Force and Deadly Force in Texas
In the eyes of the law, non-deadly force can be used legally to prevent or stop minor assaults or threats, like pushing or restraining, and the act of self-defense should not exceed the threat. Deadly force in self defense can be justified when facing serious and immediate threats, such as during home break-ins, attempted murder, or a violent robbery.
Castle Doctrine & Stand Your Ground in Texas
The Texas Castle Doctrine evolved from the idea that a person’s home is their “castle” and should therefore not be forced to retreat from a place where they should feel safe. In other words, as part of Texas law on self defense, a person should be able to protect themselves at home and not suffer the consequences of someone else’s crime. A person’s habitation, in these cases, applies to any structure or vehicle that is adapted for overnight living by said person.
“Stand your Ground” under Texas defense laws states that an individual does not have to retreat before using force in self-defense if they are in a place where they have a right to be. The same legal requirements outlined above for self defense claims also apply to the right to stand your ground.
When the Castle Doctrine Applies
The Castle Doctrine in Texas presumes that using force is reasonable and justified when another person:
- Unlawfully and forcefully attempts to or enters a habitation, vehicle, or workplace, i.e., breaking and entering.
- Attempts to remove a person from their habitation, vehicle, or workplace by force.
- Commits or attempts to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Don’t Plea - Protect Yourself: Austin Criminal Defense Lawyers
If you or a loved one is facing criminal charges related to a self-defense situation in Austin, Texas, it’s critical to have an experienced criminal defense attorney on your side. Navigating Texas self defense law can be complex, and having knowledgeable legal counsel can make all the difference in protecting your rights and your future.
At GHC Law Firm, we focus on putting our clients first. We take the time to understand the specific circumstances of your case and the outcome you’re seeking. From the moment you contact us, we’re committed to guiding you through your legal options, clearly explaining every step, and empowering you to make informed decisions.
Don’t face serious Texas self defense charges alone. Let us help you fight back.
Contact GHC Law Firm today!
Contact us today for a free, confidential consultation with an experienced criminal defense attorney you can trust.
Texas Right to Self Defense FAQ
What is considered legal self-defense in Texas?
Legal self-defense in Texas (as defined under Penal Code § 9.31) allows a person to use force when they reasonably believe it is immediately necessary to protect themselves from another person’s unlawful use of force. The response must be proportional to the threat, the person must not have provoked the incident, and they must not be engaged in criminal activity at the time.
Can I shoot someone who breaks into my house in Texas?
Under Texas Penal Code § 9.32, deadly force can be used if someone unlawfully enters or attempts to enter your occupied home, vehicle, or place of business, and you reasonably believe it is immediately necessary to protect yourself from serious harm or prevent a violent felony – this is part of the Castle Doctrine in Texas.
Do I have a duty to retreat before using force in Texas?
Texas is a Stand Your Ground State, meaning as long as you are legally allowed to be in the location, are not engaged in criminal activity, and did not provoke the situation, you do not have a duty to retreat before using force or even deadly force to protect yourself.
What’s the difference between Castle Doctrine and Stand Your Ground in Texas?
Although both support the right to self defense, the Castle Doctrine applies ot using force to protect yourself in your home, workplace, or vehicle. Stand your ground covers self defense in any location you have the legal right to be, implying you do not have to retreat before using force in self defense when threatened.
What does Texas law say about defending someone else?
Texas self defense law outlined in Penal Code § 9.33 allows the legal use of force to protect your own or someone else’s property if it is reasonably believed that action is immediately necessary to prevent theft, criminal activities, trespassing, or interference with the property.
Who has the burden of proof in a self-defense case in Texas?
The defendant must initially present evidence to support their claim of self-defense. From there, it is up to the prosecution to prove beyond a reasonable doubt that the defendant’s actions were not justified by self-defense.
