Stand your ground– protect your family and your property. It’s your right according to Texas’ stand your ground and self-defense laws. But this isn’t the Wild Wild West. There are some rules you should be aware of before you come head to head with a home intruder. Today, we’re going to tell you everything you need to know about Texas’ stand your ground laws, the castle doctrine, and legal self-defense regulations. All of these tips will help you make the most out of your home security service and 360 Alarm’s 24/7 monitoring services.
Self Defense Laws
The Texas Penal Code states that “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” In layman’s terms, this means that if someone attacks or threatens you, it’s your right to use reasonable force to de-escalate the situation.
When Can You Claim Self Defense?
It’s important to only use necessary force when defending your Texas home from intruders. If you use excessive force, you can and will be charged with a crime for accosting the home intruder. Unfortunately, proving self-defense can be difficult, even if the assailant initially attacked you or stole from your private property. Although, you do have more rights to protect yourself on your private property than in public spaces. According to Texas, you can only claim self-defense when you:
- Use the minimum amount of force necessary for self-defense
- Reasonably believe that force was necessary to stop someone else’s use of unlawful force
- Did not provoke the attack
- Were not engaged in a crime
Self Defense On Private Property
As we mentioned before, you do have more leeway to defend yourself on your private property. These rights are outlined in the Texas Castle Doctrine. You may legally use deadly force to protect your “castle” aka anything that belongs to you and is used as living quarters. This can include things like a house, vehicle, boat, or anything of the sort. Still, you must prove that you didn’t provoke the other person, you weren’t engaging in illegal activity, and you acted within reason based on the perceived threat. The key here is that there was a legitimate threat and that you didn’t act irrationally or with prejudice.
You can also claim self-defense for protecting someone else if their life is in danger and they need help immediately. If someone is in a situation that would allow them to claim self-defense, but they’re unable to protect themselves it’s okay to step in. You are entitled to use self-defense anytime you or someone else is in immediate danger because of someone else’s actions. Texas law justifies self-defense in cases of:
- Assault
- Attempted murder
- Domestic Violence
There are of course other situations that warrant self-defense, but regardless, the law will favor you unless you cross the line and commit assault. As long as you’re on the defensive and protecting yourself, your community, or your property from immediate danger, you can use self-defense. You aren’t however allowed to use deadly force, so only do what it takes to clear the immediate threat.
When Can’t You Use Self Defense?
Texas does allow self-defense in many instances. Perhaps more than most other states would permit. However, the state does have certain guidelines where “It was self-defense!” won’t quite hold up. Some of these things include:
- Using force to respond to a verbal provocation with no threat of physical violence
- Resisting arrest (even an unlawful one) by a police officer that isn’t using excessive force
- Consenting to let the victim of your self-defense use force on you
- Provoking the person to use force
How Much Force Can Be Used?
The amount of force you use to defend yourself must be reasonable and proportionate to the threat you’re facing. For example, if a child in elementary school throws a punch at a 6-foot tall athlete, and the athlete defends themselves by shooting the kid, they can (and should) still be charged for using excessive force in the name of self-defense.
The same goes for any argument for deadly force. If you’re going to take someone else’s life to protect yours, be sure that it’s justified. Some crimes that could justify lethal force in Texas include a serious crime that is being carried out or is about to be. This can include crimes such as aggravated kidnapping, murder, manslaughter, sexual assault, or aggravated robbery.
Protect Your Home So You Don’t Have To Stand Your Ground
Texas is a stand your ground state so you can legally defend yourself without attempting to retreat. However, this can be dangerous and traumatic, so it’s best to avoid it altogether. Even if you do escape unscathed, you don’t want to carry the burden of maiming or killing someone when you didn’t have to.
Fortunately, 360 Alarm provides cutting-edge home security systems and 24/7 monitoring to alert authorities to any threats before you and your family are in any danger. Contact 360 Alarm in Grapevine or Grand Prairie today to schedule a free initial consultation. Our expert security installers will identify access points that are susceptible to break-ins and secure them, keeping intruders off of your private property.
*None of the information in this blog post should be construed as legal advice. Please consult with a legal professional for more information.
