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.

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.