The Castle Doctrine states that citizens may stand their ground, or use deadly force, if they think doing so will protect them from bodily harm. WebUnder Texas Penal Code section 9.31, the person is justified to use force if they knew or had reason to believe the attacker: Was attempting to enter their home, vehicle or place Contact an Attorney If Youre Facing Criminal Charges If you have, or ever have to use self-defense in your home to protect yourself or your family, you should seek legal representation. Shooting a stranger for knocking on your front door is, legally speaking, likely to have a very different outcome from shooting a stranger knocking on your bedroom door because, in general, castle doctrine only applies within the actual walls of your house: It doesnt extend to your yard or walkway. All rights reserved. Texas protects property owners from criminal liability against trespassers in certain circumstances. To the degree that you reasonably believe that. However, Texas also has a We have over 40 years of combined experience to put toward your defense and we will fight tirelessly on your behalf. Under Penal Code 9.04,you can draw a weapon and threaten a person if you are justified in using force. Gerald Reamey, a law professor at St. Marys University, said at the time that Texas was among a select group of states with a duty to retreat before using deadly force.As soon as the Texas Penal Code was amended in 1973, Texas lawmakers had given themselves the duty of retreat. Use the above links to return to our national site and access our other tools and resources. The use of deadly force is justifiable if the individual reasonably believes it is necessary to protect themselves or someone else from imminent death or serious bodily injury, or to prevent the commission of a violent crime such as aggravated kidnapping, murder, sexual assault, or robbery. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual. If you are facing criminal charges after defending yourself using deadly force, contact an experienced Floresville criminal defense attorney at 830-769-1010 for a free consultation. According to Representative Garnet Coleman D-Houston, cases like these illustrate how the Castle Doctrine goes too far. DBS MORNING SHOW & OBITUARIES 25TH APRIL 2023 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Concealed Carry Inc. All Rights Reserved. Stand your ground is easy to grasp conceptually, but in practice, the nuance of violent human interactions provide so many interpretations of the words reasonable, imminent, threat, and proportional that the lawyers who sort it out often buy expensive boats. Have the gun in the trunk separated from the clip and you have to be driving . How Many Acres You Need To Shoot In Texas? Love it,,,absolutely love it JK. the imminent commission of the following crimes: he or she would have been able to claim self-defense, if they had been in the shoes of the person being attacked, and. Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. During this call we will: The use of force is justifiable if the individual reasonably believes that it is immediately necessary to protect themselves or someone else from the unlawful use of force by an intruder.