In legend, at least, Texas is the nation’s most-self-defense friendly state, whether you are defending your person or your home or elsewhere. Many people are familiar with the joke – or maybe it is an apocryphal story? – about The Texan charged with murder who explained to the judge that the person “just needed killing.” And, of course, there is Clay Allison, a famed Texas Old West gunman whose tombstone reads, “He never killed a man who did not need killing.” While the expression is amusing, it is not codified in Texas law regarding self-defense or home protection. On the other hand, some people would argue that it comes pretty close.
Texas Embraces the ‘Castle Doctrine’ for Home Defense
When it comes to defending your home from intruders, Texas is indeed among the more permissive of states. When in your home, Texas applies what is known as the Castle Doctrine, which largely means what it sounds like. Your home is your castle, and you have no duty to retreat from a threat in your castle. The Castle Doctrine does not give the armed homeowner carte blanche to simply shoot everyone who enters their home, but it is pretty broad. Under Texas law, a homeowner (or any other legal occupant of the property) may legally use lethal force against an intruder so long as:
- That person reasonably believes the use of deadly force is immediately needed to protect that person or other occupants of the home from an intruder’s actual or intended use of unlawful deadly force against the home occupants
- The home occupant is seeking to prevent the intruder’s attempt to commit murder, aggravated kidnapping, sexual assault or aggravated sexual assault, robbery, or aggravated robbery
The home occupant must reasonably believe that one of the events justifying the use of deadly force is occurring, meaning that the intruder is brandishing a weapon with an apparent intent to use it, or that the intruder has stated or otherwise indicated the intent to commit use of deadly force, kidnapping, or any of the other crimes listed in the statute. The home occupant also must reasonably believe that use of non-lethal force would expose the occupant to the substantial risk of death or serious injury at the hands of the intruder.
The use of deadly force by a home occupant also is authorized under a separate section of Texas law and allows deadly force where the intruder used force to enter the home or was attempting to do so, or was attempting to use force to remove the occupant from the home. The use of lethal force, by the intruder or the home occupant, need not actually be lethal, but need only be capable of being lethal. Guns and knives would always be considered lethal force, but baseball bats and other items could be, as well, depending upon circumstances.
If You are Charged With Using Deadly Force Against an Intruder in Houston, Talk to Madrid Law Firm
Having to wound or even kill an intruder in your home is traumatic enough. If you face charges following such an event, you need a skilled lawyer to help defend your rights. Any kind of homicide charges will severely impact your life, and not in a positive way. You need a criminal defense lawyer with the experience to ensure your rights are protected. You should not face charges for reasonably defending your home, even with deadly force. Talk to the Madrid Law Firm.
