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Updated: Mar 28, 2024 @ 6:10 am

Stand Your Ground Law As a Texas Legal Defense

In Texas, understanding self-defense laws and important for every citizen.

The Stand Your Ground law in Texas is part of our protective legal landscape. It gives us legal protection to protect ourselves and others when facing threats.

Most people have questions about their right to defend themselves and their property. Today, we’ll review a few aspects of the law with regard to self-defense. If you have questions or need legal representation following assault charges stemming from a self-defense situation, contact Houston criminal defense lawyer Tad Nelson today. We can be reached at 713-659-0909.

Houston criminal lawyer Tad Nelson

Self-Defense & Texas Law

The Stand Your Ground law is covered in Texas Penal Code under Sections 9.31 and 9.32.

This legislation articulates that a person has no duty to retreat before using force or deadly force in certain situations if they

  1. have a right to be present at the location where the force is used,
  2. have not provoked the person against whom the force is used, and
  3. are not engaged in criminal activity at the time the force is used.

No Duty to Retreat

If you’re lawfully where you’re supposed to be, you’re not required to back down or flee before defending yourself. This principle distinguishes Texas from states with a “duty to retreat” stipulation. In Texas, an emphasis is placed on the individual’s right to protect themselves, their property, and their loved ones.

Defense Strategies

Following a self-defense incident and criminal charges for assault or aggravated assault, using a Stand Your Ground defense can be challenging.

That’s where seasoned Houston criminal defense lawyers like Attorneys Tad Nelson & Amber Spurlock can help. We have a deep understanding of Texas law. Mr. Nelson holds a Board Certification™ in Criminal Law for the Texas Board of Legal Specialization®.

We’re always ready to defend people who were charged with a crime for doing nothing more than defending themselves.

Substantiating a Stand Your Ground defense hinges on the evidence. Evidence can be witness testimony, surveillance footage, or any proof demonstrating the need for the level of force used. The interpretation of this evidence often makes the difference between vindication and conviction.

Criminal Penalties and Legal Boundaries

While Texas’s Stand Your Ground law provides a defense scheme for most justifiable situations, there are strict legal parameters. Misinterpretation of the law can lead to serious criminal penalties should the defendant be convicted.

The law demands that the use of force be proportionate to the threat faced. Force must only be used in matters involving self-defense, defense of others, or defense of private property.

The Intersection of the Stand Your Ground and Castle Doctrines

Texas law recognizes the Castle Doctrine. This doctrine complements the Stand Your Ground principle, particularly in the context of defending one’s home or occupied vehicle.

This gives you the right to use force, including deadly force, without the duty to retreat when an intruder unlawfully and forcefully enters one’s habitation, vehicle, or place of business or employment.

Video: Review of the Castle Doctrine

A Lifeline for People Wrongfully Charged with Assault

The Law Offices of Tad Nelson & Associates

In the aftermath of a self-defense incident, the value of prompt legal representation cannot be overstated. The Law Offices of Tad Nelson & Associates stands ready to defend those who have had to defend themselves. We’re not here to be only your lawyers but to also serve as pillars of support throughout the legal process. Our goal is secure your exoneration and to ensure your rights are fiercely protected.

Charged with a crime in Houston? Call Attorney Tad Nelson!

Should you or a loved one find yourselves in need of legal counsel regarding Texas’s Stand Your Ground law or any criminal defense matters reach out to Tad Nelson & Associates today at 713-659-0909.

In the battle for your rights and freedom, having seasoned warriors by your side can make all the difference.

We offer affordable & flexible legal fees, 30+ years of experience helping folks, and excellent legal representation. Contact us today!

Stand Your Ground Law As a Texas Legal Defense

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Stand Your Ground Law As a Texas Legal Defense
Stand Your Ground Law As a Texas Legal Defense
Stand Your Ground Law As a Texas Legal Defense
Stand Your Ground Law As a Texas Legal Defense
Stand Your Ground Law As a Texas Legal Defense
Stand Your Ground Law As a Texas Legal Defense