Self-defense is an affirmative legal defense against criminal prosecution that you can use when accused of using force against somebody else in defense of yourself, another person, or another person’s property. Per Texas law, there are also cases when you can use deadly force in defense of yourself, another person, or property. A skilled criminal defense lawyer can help you assert various self-defense laws, including the Stand Your Ground and Castle doctrines. When used effectively, the relevant law can get your criminal case dismissed and become a vital aspect of your case defense.

What is Texas's Castle Doctrine?

The Texas castle doctrine is a legal concept that has existed for centuries. The doctrine stems from the notion that a man’s home is his castle, and nobody should pressure an individual to withdraw from where they feel safe. The concept shows values of fairness and justice. An individual should defend themselves at home and not experience the repercussions of another person’s criminal behavior.

The law allows Texas to enact strong defense of assets and self-defense laws. The laws permit the justified application of force to defend yourself, others, and property in specific circumstances.

How Does the Doctrine Work

To comprehend this law, you should first understand the primary self-defense regulations and how they are linked to safeguarding yourself, your property, and others. The self-defense statutes are based on whether the force a defendant used was reasonable. If you use force beyond what is reasonable to safeguard yourself, the laws may not protect you.

The law assumes that the force used is reasonable when any of the following apply:

  • A person was applying force to unlawfully gain entry or attempted to enter the defendant's home, vehicle, or workplace

  • A person applied force to eject the defendant from their home, automobile, or workplace

  • An individual was trying to commit or committing aggravated robbery, sexual assault, assault, robbery, murder, aggravated sexual assault, and aggravated kidnapping

Your habitation refers to a structure or vehicle used as a residence or dwelling, such as a home, cabin, trailer, or RV. The definition includes any buildings linked to your main habitation but does not cover connected structures. Therefore, attached structures like an attached garage qualify as part of the habitation, while detached garages do not.

The doctrine defines "vehicle" as any device on, by, and in which properties or individuals can be propelled, drawn, or moved in the normal course of transportation or commerce, except for devices categorized as habitation. It can refer to all types of vehicles below:

  • A car, van, truck, or SUV

  • An ATV

  • Golf carts

  • An airplane

  • A boat

Exemptions to the Texas Castle Doctrine

The law has the following exceptions:

The Aggressor

The doctrine does not apply if an individual who applied force to defend themself was the aggressor and initiated or provoked the precipitating situation.

Engaging in a Crime

If the individual who used force did so in defense of self while committing criminal activity, the castle doctrine would not be applicable, but claiming self-defense could mitigate the issue.

The doctrine is straightforward. It does not allow the excessive application of force, except in specific circumstances. Beyond those circumstances, using force in defense of oneself is evaluated in connection with the level of force appropriate to prevent an offense from taking place. The degree of reasonable force is established in connection with the event, and different self-defense statutes dictate it.

Your Entitlement to Self-Defense

You are allowed to apply force against an individual if you reasonably think that that force is justifiable to safeguard yourself against that person’s attempted use or use of illegal force. Regarding this law, "reasonable belief" means that any other prudent person would have responded the same way and used a similar degree of force in identical scenarios. If the facts of this law are satisfied, you can be automatically presumed to have reasonably thought that the force you employed was essential to protect yourself.

When Using Force is Unjustified

In Texas, you should not use force in the situations below:

  • To respond to someone using verbal insults or provocations only

  • If you provoke the other individual into attempting to use force or using force against you, unless you abandon the attempt, the other individual escalates the situation.

  • To resist search or arrest by an identifiable law enforcer

  • If you agree to the level of force the alleged victim applied against you or tried to employ against you.

  • If you were transporting or possessed different weapons when you had an altercation with the other individual due to personal differences.

Please note that the application of force to resist a search or an arrest is justified if the following apply:

  • Before you resisted, the peace officer used or tried to apply greater force than necessary to search or make an arrest

  • When and to the degree you reasonably believed the force was immediately essential to protect yourself against the peace officer's attempted application or application of more force than necessary.

When You Should Not Retreat

In Texas, a person has no duty to retreat if the below apply:

  • The person was entitled to be where the incident happened

  • The individual did not provoke the individual who applied force against them

  • The person was not involved in a crime during the incident when they applied force against somebody else.

Threat Force

You are allowed to use the threat of force if you are justified in applying force under the situation at hand. Producing a firearm or any other type of weapon is a threat to inflict severe harm or death. Nevertheless, it does not reach the level of deadly force if your intention was to instill fear unless required to employ deadly force.

Deadly Force

"Deadly force" refers to the following:

  • A force that can cause or cause severe injury or even death

  • A force that the defendant knows causes or can cause severe harm or death

  • A force used in a way that can cause or is meant to cause or is known to cause serious harm or death.

Using deadly force in self-defense is allowed if you reasonably believed that doing so was necessary to defend yourself from somebody else's attempted use or application of deadly force. It also holds true if the deadly force applied was essential to stop the other individual from committing one of the crimes below:

  • Sexual assault or aggravated sexual assault

  • Robbery or aggravated robbery

  • Aggravated kidnapping

  • Robbery or aggravated robbery

  • Murder

If you meet the elements of the castle doctrine, the application of deadly force can be deemed imminently essential.

The statute requires that the individual using deadly force:

  • Must not have provoked the alleged victim

  • Was not otherwise engaged in a crime other than a Class C misdemeanor (violation of a traffic ordinance or law) when they applied force

Additionally, your application of force is when and to the extent you reasonably think deadly force is immediately necessary to safeguard another person's life in an emergency.

When considering the Castle Doctrine and whether you employed deadly force in defense of your vehicle, home, or place of employment or business, you should use affirmative proof that you used deadly force after or on September 1, 2007.

Additionally, your application of force is when and to the extent you reasonably believe deadly force is immediately necessary to safeguard another person's life in an emergency. PC 9.33 justifies you if:

  • Under the case circumstances, you reasonably think them to be, you are justified in applying deadly force to safeguard yourself against the illegal deadly force you reasonably believe to be threatening the third party you want to protect

  • You think your intervention is immediately essential to the safety of the third party.

You are justified in applying deadly force to safeguard another individual's property if you reasonably believe your conduct is justified per PC 9.42 or 9.41. The justification applies if you think the other person's asset is being illegally interfered with through criminal mischief, consummated theft, or attempted consummated theft. Additionally, you must reasonably believe that:

  • The third party requested your protection of their land or property

  • You have a legal duty to safeguard the third party's land or property

  • The third party is your parent, partner, or child, living with you or under your care

Non-Deadly Force Self-Defense Options

While the law provides you some leeway for safeguarding yourself, somebody else, or property, it does not offer immunity for conduct that is beyond reasonable. Therefore, applying deadly force should be considered a last resort. The different non-deadly force self-defense options include the following:

  • Stun gun — A stun gun electrically shocks your attacker and temporarily immobilizes them. The effects linger for several minutes. A stun gun can be effective when employed from close range.

  • Pepper spray — Also known as oleoresin capsicum, the spray can temporarily irritate and blind your attacker for 30 to 60 minutes. However, ensure the wind’s direction does not result in your exposure to the spray.

  • Self-defense training — Enrolling for defensive training classes, like kickboxing, karate, or jiu-jitsu, helps you strike, block, or thwart an attack against you. These defensive skills give you more confidence when defending yourself in dangerous situations.

  • Screamer alarm — A form of personal alarm, the screamer alarm frightens an attacker into retreating while attracting the attention of others for assistance. Nevertheless, the alarm might not be enough to scare someone who is determined to harm you or who is intoxicated.

How to Prove Your Self-Defense Claim

Using self-defense as a valid legal strategy requires different types of evidence to describe what took place. Your criminal defense lawyer should help you collect and present this proof effectively.

Eyewitness Testimony

Individuals who witnessed the incident unfold can offer details about who started the confrontation, the degree of risk, and whether your actions were appropriate. Statements by a neutral third party carry substantial weight because they are considered unbiased.

Moreover, you can use a character witness to testify to your nonaggressive or peaceful nature. It can challenge allegations that you were in the wrong.

Surveillance Videos and Footage

Dashcams, bystanders, or security cameras can offer invaluable proof. The recordings may contain unraveling events, including the confrontation, providing the whole context. Your defense lawyer can help you acquire and analyze the video.

Physical Proof

Physical evidence, like cuts, bruises, or any other injuries, can prove the necessity of your self-defense. They can show that the alleged victim attacked you first or that you faced an immediate threat.

On the other hand, the absence of visible injuries on the victim can boost your argument that your conduct was defensive instead of offensive.

The weapons you used can also help verify self-defense. For example, if the victim produced a weapon, it can justify your decision to apply force.

Self-Defense Background and Training

Having a history of undergoing self-defense training could support claims that you applied force as a necessity and responsibly. Your training records can prove that you acted with restraint and complied with the de-escalation principles before resorting to force.

Police Reports and 911 Calls

Records of 911 calls made immediately or during the situation can offer crucial proof. These calls capture the caller’s emotional state and details of the events as they unfold.

Police reports capture statements from every party and witness, offering the judge more context. It is recommended that you analyze the police report cautiously. A defense lawyer can identify gaps, statements, or inconsistencies that strengthen your self-defense argument.

How Stand Your Ground Doctrine Differs from Castle Doctrine

The castle doctrine permits you to use deadly force against intruders to protect yourself within your home or vehicle. On the flip side, the stand your ground doctrine permits you to apply proportional force to reasonably protect yourself at any location where you have a right to be, like a public street. Proportional force might or might not include deadly force, depending on the risk you are facing.

However, both doctrines require no duty to retreat.

Can You Be Sued in Civil Court for Personal Injury or Death After Self-Defense?

Anytime you use force, even in self-defense, it is possible you could face legal action (a civil claim or a criminal charge) for the application of force. It is because self-defense may involve using force that would otherwise be regarded as an offense or tort in the absence of justification. Even with a valid defense, you must affirmatively assert it in court.

Even though similarities exist between criminal proceedings and civil lawsuits, they differ from each other. In criminal cases, the remedy sought is typically a sentence or fines, while in civil claims, the plaintiff or their family seeks damages. Different types of damages awarded include the following:

  • Lost wages

  • Disability

  • Mental anguish

  • Disfigurement

  • Medical expenses, including future medical expenses

  • Pain and suffering

  • Loss of household services

  • Funeral and burial costs

  • Loss of companionship

  • Lost future wages

  • Punitive damages

The civil claim can vary, but may include the following:

  • Negligence

  • Assault and battery

  • Gross negligence

  • Wrongful death

  • False imprisonment

Chapter 83 of the Texas Penal Code states that you could be exempt from civil obligation for using force or deadly force, as justified per Chapter 9. Therefore, you will be exempted from paying civil damages if applying force was warranted during the ensuing criminal proceedings. However, that does not prevent the plaintiff from filing a claim against you. Instead, you should use this immunity as an affirmative defense to the plaintiff's suit and prove it by a preponderance of the evidence.

Frequently Asked Questions

Discussed below are some of the commonly asked questions about self-defense laws:

Is It Deemed Deadly Force to Point a Firearm without Shooting?

No.

The law considers brandishing a gun to be regarded as non-deadly force. The use of force law analyzes the degree of force applied.

Does the Defendant Have to Warn the Attacker Before Applying Deadly Force or Force?

No.

The law does not require you first to warn your attacker to have immunity from applying deadly force or regular force.

Can a Convicted Felon Claim Self-Defense with a Gun?

Yes, you have the right to defend yourself as a convicted felon.

However, the issue is more complicated because you can only legally possess a gun for self-defense at your home after five years have elapsed since the completion of your criminal case. While you cannot lawfully carry the gun outside your home, if you use it in self-defense, you can claim necessity as your defense strategy, mainly if you did not possess the gun before the incident.

Find Competent Legal Assistance Near Me

When a person attacks you, it is natural to defend yourself. Sometimes, while protecting yourself, you might end up hurting the person and facing criminal charges. You should not be punished for exercising your right. If you have been charged with a crime for applying force against another, but you were protecting yourself, property, or another person, consult Andrew Deegan Criminal Attorney at Law, for assistance. We can gather and evaluate evidence and investigate the case to prove that the law justified the force you applied. Please contact our Fort Worth legal office at 817-689-7002 to book your initial consultation.