What Are the Stand Your Ground and Castle Doctrine Laws in Texas?

 Posted on December 10,2019 in Criminal Defense

Texas is often known as one of the most “open” states in terms of gun laws. This includes a person’s ability to purchase a weapon, the right to carry a concealed weapon, and the use of a weapon for self-defense. Most states have some form of legal protection for those who use a firearm to defend themselves, including Texas. Each state that provides its citizens with this right has different regulations tied to the law. Texas has two separate laws regarding self-defense to ensure that people have a right to protect themselves. It is important to understand what is and is not allowed in Texas to avoid being convicted of serious criminal charges related to murder or manslaughter.

Standing Your Ground in Texas

The “Stand Your Ground” law originated in Florida in 2005. Since then, the majority of the U.S. states have followed suit, passing their own versions of this law meant to protect those who defend themselves. As is evident in the phrasing, this law allows individuals to stand up against an attacker in the face of danger. In Texas, those who plan to use this law as their criminal defense tactic must be able to prove that they were in fear of imminent danger of serious injury or death at the hands of another person. The Stand Your Ground law applies to those protecting themselves or another person in danger.

Castle Doctrine Law in Texas

The Castle Doctrine law is very similar to the Stand Your Ground law in Texas. Within Texas statutes, these two laws work hand in hand to defend those who use force to protect themselves or their property. Stand Your Ground applies to those defending themselves; however, the Castle Doctrine helps those using force to defend their property. According to the Castle Doctrine, those who own land or tangible property can legally use force against anyone trespassing on that property. This can include their home, land, estate, and/or vehicle. In a similar fashion to the Stand Your Ground law, there must be a reason to believe that “force” is necessary to remove the individual from your land or property.  

Call a Wilson County Murder Defense Lawyer

Neither the Stand Your Ground law nor the Castle Doctrine law requires Texans to retreat before using force to defend themselves or remove a person from their property or land. This is an important stipulation to know, because not all states provide this type of protection. There are various other details that may be relevant in cases involving the Stand Your Ground and Castle Doctrine laws, and if you are facing criminal charges, a criminal defense attorney can help you understand how the law applies in your situation. If you are facing criminal charges, and you believe that you were legally defending yourself or your property, call our Floresville criminal defense attorneys today at 830-769-1010 for a consultation.

Sources:

https://guides.sll.texas.gov/gun-laws/stand-your-ground

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

https://www.kut.org/post/4-things-you-should-know-about-self-defense-law-texas