![]() In Texas, the Castle Doctrine is codified under the Texas Penal Code, specifically in sections 9.31, 9.32, and 9.33. ![]() Texas also extends this protection to other places, such as an individual’s vehicle or workplace, where they have a legal right to be. This doctrine is rooted in the idea that an individual’s home (or “castle”) is their sanctuary, and they have the right to protect it and themselves without the duty to retreat. The Castle Doctrine in Texas is a legal principle that allows residents to use force, including deadly force, to defend themselves, their family, and their property from an intruder or attacker. ![]() Under the Castle Doctrine, in certain circumstances, you are presumed to have acted reasonably in defending your “castle.” This could be your home, vehicle, or place of employment. Reasonability and the immediate need to use force are two lynchpins of the Castle Doctrine in Texas. (All these statutes are provided below.) While Texas gives broad rights to individuals to protect themselves against others, always remember they boil down to a question of what was reasonable. Penal Code 9.41 and 9.42 are also worth looking at because they describe when force and deadly force can be used to protect property. Penal Code 9.31 discusses the use of non-deadly force and 9.32 discusses the use of deadly force. Texas Penal Code 9.31 and 9.32 together form what is often called the “Castle Doctrine” in Texas. Perhaps the easiest way to understand a key provision of the Castle Doctrine is to remember that a King or Queen has no duty to retreat inside their own castle, and if someone unlawfully forces their way into the castle, the King or Queen can use any force available to resist that attack. Terms like “Castle Doctrine” and “Stand Your Ground” get tossed around in the media frequently, but what do these terms actually mean in the Lone Star State? Do you have a right to pull a shotgun on someone who gets past your fence? What if you pull into your driveway to see someone running off with a jewelry box? This article covers what is broadly described as the “Castle Doctrine” in Texas, including when you can use force, when you can use deadly force, and whether you have a duty to retreat. In this article, we will discuss self defense, defense of a third party, defense of property, stand your ground, and the Castle Doctrine in Texas.Ī man’s home is his castle, and nowhere is that more true than in Texas. There are narrower instances when a person may use deadly force to defend themselves, another, or even property. ![]() Under Texas law, there are instances when nonlethal force may be used in defense of oneself, another, or property. Self defense is an affirmative defense against criminal prosecution that can be raised as legal justification when a person is accused of using force against another or the property of another. ![]()
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