Using Texas’s Stand Your Ground Law in Criminal Defense

 Posted on November 07, 2024 in Criminal Defense

It is not difficult to imagine that if someone attacks you, you might need to use force to stop them from hurting you. Unfortunately, this act of self-defense can sometimes be treated as assault; people who never wanted to attack others but were trying to protect themselves can end up facing criminal charges.

The Stand Your Ground law in Texas gives people the right to defend themselves without having to retreat. This can be extremely useful in building a strong defense. If you are facing charges and need to prove you were acting in self-defense during a violent incident, speak with an experienced San Antonio, TX criminal defense lawyer about whether the Stand Your Ground law applies to your case.

How Does Texas Law Address Self-Defense?

Texas’s self-defense laws are based on two main principles:

• Castle doctrine: This law allows people to use force if someone tries to enter their home without permission. It is based on the idea that you have the right to defend your home and ensure that it is your safe space.

• Stand Your Ground: According to Texas law, if you are in a place where you are legally entitled to be and someone is threatening your life or causing you harm, you do not need to retreat and can use force to defend yourself.

Together, these two ideas allow you to use force - including deadly force - if you think you are in danger.

When Can You Use Stand Your Ground in Texas?

While Texas law allows people to act in self-defense, you are not legally permitted to use indiscriminate force. There are some limitations to the law’s applications, including:

• Immediate threat: You need to have reason to fear that you are in immediate danger of being seriously harmed or killed.

• You did not start the conflict: You have no duty to retreat, meaning you are not required to back away from the conflict as long as you are not the one who started it.

• Necessity: You can use deadly force only if you believe it is necessary to protect yourself from an attacker.

Unlike in other states, in Texas, these self-defense laws do not only apply in your home. You can use force when it is necessary to protect yourself from harm as long as you have a right to be where you are, including on the street, in your child’s school, at your work, or anywhere else.

Challenges of Texas’s Stand Your Ground Law

Texas law protects your right to defend yourself from harm. You are not permitted to act out of anger or revenge, but if there is a threat of violence, you can use force to defend yourself. However, a major challenge to overcome in a criminal defense case is proving that your actions were done in self-defense.

It can be complicated to demonstrate the motivation behind your actions, especially if the incident happened with someone you have a contentious history with. You will need strong evidence, including physical proof, medical records, police reports, or witnesses who can testify about what happened. This is where an attorney becomes most helpful.

Contact a San Antonio, TX Criminal Defense Lawyer

If you are facing assault charges, speak with a qualified San Antonio, TX criminal defense attorney about using the Stand Your Ground law to present your side of the story. At the Law Offices of Sam H. Lock, we are dedicated to helping people who are unjustly accused. We will guide you as you navigate the legal process to ensure that your rights are protected. Call us at 210-226-0965 to schedule a private consultation.