Can I Be Charged with a Crime if I Shoot Someone Who is On My Property Illegally?

 Posted on February 10, 2023 in Criminal Defense

It is well known that in Texas, the Second Amendment and the right to bear arms is a right that is passionately believed in and defended by many Texans, which is why many individuals own firearms. However, many citizens remain unclear regarding whether a citizen can lawfully discharge a firearm to protect their property from an outside threat. In Texas, the right to use force to defend property is limited and governed by the “castle doctrine.” The castle doctrine is a legal concept that says a person has the right to use deadly force to protect their home or property from an intruder. This means that if someone is illegally on your property and you believe they are there to cause harm, you may use force to protect yourself and your family.

However, there are essential considerations to bear in mind before you open fire on someone who is on your property illegally. Today, we are going to take a look at what some of those considerations are. If you have been charged with a crime for using deadly force on someone on your property illegally, contact an experienced criminal defense attorney who can ensure your rights remain protected and respected as you move through the legal process.

When is Deadly Force Allowed, and When is it Not? 

It is important to remember that the right to protect your property using deadly force is not absolute, and specific circumstances must be met before using deadly force is considered justifiable. For example, the intruder must have been acting illegally, and you must have had reasonable belief that the intruder posed an imminent threat of serious harm to you and your property. On the other hand, if the intruder was trespassing and not posing an immediate threat, the use of deadly force might not be justified. 

Additionally, you cannot use excessive force even if an intruder is on your property illegally and poses an imminent threat. If a reasonable person would conclude that the danger could have been effectively dealt with through non-deadly force, then the use of deadly force may not be justified. Remember that even if you believe you were acting in self-defense, using lethal force is serious and can have significant legal consequences. This is why it is so important to contact a criminal defense lawyer as soon as possible. 

Contact a Wilson County Criminal Defense Attorney

If you have been accused or charged with misusing deadly force to defend your property from an intruder, contact the highly skilled Floresville criminal defense lawyers with BRCK Criminal Defense Attorneys. Call 830-769-1010 for a free consultation.

Source: 

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm