Some Texans wonder if they have the right to protect themselves on their own property, and if so, under what circumstances. The short answer is that yes. However, under what is known as the Castle Doctrine, there are with limitations.
A lack of understanding surrounding the limitations under the Castle Doctrine can put you in legal peril if you take actions that are not protected by the law.
Recently, a man was breaking into an apartment inSan Antonio. The neighbor saw it happening and came to assist…with deadly force. He ultimately killed the intruder by firing a gun at him through a closed door from outside of the apartment.
No more information is known at this time about whether or not the neighbor will be charged in that situation, but it highlights the need to understand the Castle Doctrine in Texas. Here’s what you need to know.
In Texas, the law provides legal justification for the use of force in certain circumstances when a person does not have a duty to retreat.
A great example of this is a homeowner who has no duty to retreat and can use force to protect themselves from an armed intruder. The same can be true for business owners in their place of business.
The protections provided by the law allow a person on trial for using deadly force to claim self-defense when:
A key part of the justification for theCastle Doctrinein Texas is being able to claim self-defense. That’s why it’s crucial to understand what comprises self-defense in this state.
The law states that a person can use force against someone else if they reasonably believe it is necessary to protect them from another person’s attempted use or actual use of unlawful force.
Basically, someone can legally use deadly force in Texas against another person whenever they:
You may be wondering what the difference is between deadly force and thethreat of forcesince they’re central to the Castle Doctrine.
The threat of force is defined as someone displing a deadly weapon in a threatening way, demonstrating that they would use deadly force to cause injury or death to someone. The threat of force is, by Texas law, a precursor to deadly force.
There are certain situations in which a person can be justified using force, including deadly force, in defense of another. If they believe the other person is under threat and would be justified in using force themselves, then it is lawful to do so.
However, it is not justified to use force to protect another person if the circumstances don’t support it and someone ends up seriously injured or dead as a result.
For example, if another person sees a friend in a fight and they use deadly force to intervene on behalf of their friend, then they may not realize who started the fight and who was practicing self-defense as a result.
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