Like other states, Texas has “stand your ground” laws that provide legal protection for those who must use force to defend themselves or their families. The Texas laws give individuals the opportunity to claim self–defense and clear their name without the obligation to retreat when threatened.
If you were involved in a stand your ground self-defense incident, having a Houston criminal defense lawyer from our firm on your side could make it easier to understand what is happening, protect your rights, and fight to ensure your name remains clear.
What Are Texas’ Stand Your Ground Laws?
Stand Your Ground laws protect individuals who do not retreat before using force when they are threatened. This is only legal when they are somewhere they have a legal right to be, such as their own home or a public place. Texas has some of the most robust stand your ground laws in the country, providing wide protections for those who act with force to protect themselves, others, or their property.
Often, these situations occur when one party trespasses on another’s property and poses a threat to another person, their family, or their home.
What Is the Legal Foundation of Texas’ Stand Your Ground Laws?
The Texas stand your ground law relies on several parts of the Texas Penal Code. This includes sections that address self-defense and deadly force in defense of a person. These sections define when someone can use force (including deadly force) in self-defense.
Texas Penal Code Section 9.31: Self-Defense
Based on Texas Penal Code Section 9.31, the law allows a person to force against another when they believe it is immediately necessary to protect themselves. It is important to remember:
- The force must be reasonable and used as a response to the attacker entering or attempting to enter the individual’s property with force.
- The individual must not provoke the attacker.
- The individual must not be engaged in criminal activity at the time.
Texas Penal Code Section 9.32: Deadly Force in Defense of Person
This section extends self-defense to justifications for using deadly force. This includes:
- They reasonably believe deadly force is immediately necessary.
- It will protect them or someone else from the use of deadly force against them.
- It will prevent the commission of specific violent crimes, such as murder or manslaughter, sexual assault, or robbery.
The “No Duty to Retreat” Clause
Under Texas Penal Code Section 9.32(c), a person “is not required to retreat before using deadly force” when:
- They have a legal right to be where they are (they are not trespassing).
- They did not provoke the situation.
- They are not currently engaged in criminal activity.
While some states require people to try to escape before using deadly force, Texas law empowers individuals to stand their ground and use deadly force to defend themselves, others, and their property.
What Are the Limitations and Exceptions of the Texas Stand Your Ground Laws?
While Texas has one of the most robust stand your ground laws in the country, there are limitations and exceptions. It is imperative you understand these laws before using deadly force to protect yourself, others, or your property. Self-defense claims may fail if:
- You Provoked the Altercation: If you initiate a confrontation, you generally cannot claim self-defense. However, it may be possible to show you left the encounter and the other party failed to stop the threat.
- You Were Participating in Unlawful Activity: If you claim self-defense but were engaged in illegal activity when the incident occurred, you may still face criminal charges. This is a stipulation in the Texas stand your ground law.
- You Had an Unreasonable Belief in Danger: The Texas law requires that you reasonably believe deadly force is necessary under the circumstances. If the investigation finds that your belief was irrational or unreasonable, you could face charges.
When Might Stand Your Ground Laws Come into Question?
There are several situations when an average Texas resident might encounter circumstances that require them to “stand their ground.” This includes:
- Defending Their Family and Home: If someone breaks into your home or vehicle or trespasses on your property, these laws allow you to use the necessary force to protect yourself and your family.
- Defending Themselves in Public Spaces: You can use force if someone threatens you in a public place, such as in a parking lot, restaurant, or park.
- Defending Others: The laws also allow you to use force to protect others under these conditions when necessary.
Steps to Take After a Texas Self-Defense Incident
Just because you follow these laws in a stand your ground incident does not mean law enforcement will not investigate what happened. You might face questioning or even arrest. If you find yourself in a situation where you must stand your ground and use force to defend yourself, you should:
- Contact the Police Immediately: Report the incident and cooperate with authorities while they investigate what happened. Always be honest and forthcoming.
- Call an Attorney from Our Firm: You want a criminal defense attorney from our team on your side when police officers question you and to ensure you have representation from the start. We will help you manage your case and build a strong defense if necessary.
- Listen to Your Lawyer: Your Houston assault defense lawyer will help you say and do the right things after an incident. For example, you must be careful to avoid making statements that could be misconstrued as admitting assault.
Discuss Your Self-Defense Stand Your Ground Incident With Our Team
If you have questions about self-defense laws or want legal assistance after a stand your ground incident, contact Blass Law. Our team is here to provide guidance and fight to ensure your name is cleared. Lawyer Jay Blass Cohen will protect your rights and help you navigate the process.
We provide confidential consultations for those with legal concerns or facing charges in Texas. Contact us today to discuss your options with our team.