Involvement in a shooting incident is traumatic, no matter who you are or the circumstances. And when you combine that with the sometimes confusing laws and guidelines surrounding the use of a firearm or deadly force, it can be even more overwhelming.
There’s a lot of room for interpretation when it comes to applying the law in use-of-force cases. Determining what’s appropriate and reasonable requires a thorough investigation and examination of all the facts surrounding the incident.
Understanding the laws related to self-defense and deadly force in Texas can help you know your rights and the potential consequences you could face if you find yourself in one of these situations. Vinas & Graham, PLLC, explains how Texas gun laws look at shooting someone in self-defense.
Is Texas A “Stand Your Ground” State?
In 2007, the Texas legislature enacted Senate Bill. No. 378. This legislation expanded the previous law’s “Castle Doctrine,” which stated that people had no duty to retreat when defending their own homes or property. This doctrine originated from the concept that a “man’s home is his castle” and that it’s a person’s legal right to defend it at all costs.
Under the more recent measure, citizens have no duty to retreat when defending themselves or their property. This legal doctrine is more commonly known as “stand your ground.”
Over the years, the state legislature has continued to expand the rights of citizens to defend themselves by using force. For example, there are cases where individuals may legally use force to stop certain crimes in progress, even if they’re not defending themselves or their property.
What Does Texas Constitute As Self-Defense?
Self-defense is an affirmative defense, which means you admit that you committed the act but deny that it was criminal. In other words, your actions were legally warranted based on the circumstances.
According to Texas Penal Code, using force in self-defense is justified if and when the person reasonably believes that force is immediately necessary to protect themselves against someone else’s use of force.
However, using force against someone during a verbal altercation would not be considered self-defense.
It’s also important to remember that the amount of force used in self-defense must be reasonable based on the threat. So, for example, if a petite female kicked a large, grown man in the knee, the man wouldn’t be legally justified to beat her unconscious with a baseball bat and claim self-defense.
Using more force than necessary to defend yourself (or others) from a threat may negate your self-defense claim. In that case, you could face serious criminal charges and potentially a criminal conviction.
When Is It Lawful To Use Deadly Force?
Using deadly force could carry severe consequences if it’s not warranted. However, it’s important to remember that there’s a big difference between force and deadly force.
According to Texas law, a person is permitted to use deadly force if they reasonably believe that deadly force is necessary to:
- Protect themselves against unlawful deadly force,
- Prevent an aggravated kidnapping,
- Prevent a murder,
- Prevent a sexual assault or aggravated sexual assault,
- Prevent a robbery or aggravated robbery,
- Prevent certain property crimes during nighttime, or
- Stop a fleeing property criminal (after committing specific crimes) during the nighttime
Still, it’s important to note that you are not permitted to use deadly force to protect property in many cases. And in the few exceptions, you’d still have to show that using deadly force was the only option.
What If A Grand Jury Determines It Was Not Self-Defense
If a grand jury determines that a person’s actions were not in self-defense, the legal consequences can be severe. For example, they could be charged with assault, aggravated assault, manslaughter, or murder.
In that case, the individual may be tried and convicted, paying fines, serving jail, prison time, or worse. Plus, depending on the circumstances, you could end up facing both state and federal charges.
Contact An Experienced Texas Criminal Defense Attorney Who’s Knowledgeable About Texas Gun Laws
If you or someone you care about has been charged with a weapons violation, don’t wait to contact an experienced attorney who’s familiar with Texas gun laws. The legal team at Vinas & Graham, PLLC has years of experience ensuring that clients’ rights are protected and defended.
Having the right legal representation can be the difference between your voice being heard in court and a potential wrongful conviction. Contact Vinas & Graham, PLLC, today at (713) 229-9992 to discuss your case in more detail.
For more legal tips and advice, be sure to follow us on Facebook.
