How Texas’s “Castle Doctrine” and “Stand Your Ground” Law Justify Use of Force

In Texas as in other states, the law recognizes circumstances in which the use of force and even deadly force may be justified. The terms “castle doctrine” and “stand your ground” are often treated interchangeably in casual parlance. However, they have different meanings and apply in different situations. Their similarity is that they can be raised as defenses to criminal liability.

Texas’s “castle doctrine” is a legal principle that justifies the use of force, including deadly force, in protecting oneself and one’s household members. This doctrine, codified in Texas Penal Code Sections 9.31 and 9.32, provides legal protection for individuals who defend themselves against intruders or attackers within their habitation, vehicle or place of business or employment. 

Section 9.31 outlines the general circumstances in which non-deadly force can be used in self-defense. A person is justified in using force against another when and to the degree they reasonably believe it is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force. 

Section 9.32 extends this principle to the use of deadly force, which is justified if they reasonably believe it is immediately necessary to protect themselves against another’s use or attempted use of unlawful deadly force. is also justified to prevent the imminent commission of certain serious crimes such as aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery. However, the actor must not have been engaged in criminal activity at the time the force was used and must not have provoked the other person.

To invoke the castle doctrine as a defense to liability for homicide or another violent crime, the individual must be legally present in the location where the force was used. Importantly, there is no duty to retreat if the individual is in a place where they have a legal right to be. This is a significant aspect of the doctrine, as it supports the idea that one’s home, vehicle, or workplace is a sanctuary where one should not be compelled to flee from danger.

The Texas “stand your ground” law complements the castle doctrine by extending the right to self-defense beyond one’s home, vehicle, or workplace. Under the “stand your ground” law, an individual has no duty to retreat before using force, including deadly force, if they are in a place where they have a legal right to be and are not engaged in illegal activity. This law applies to public spaces and essentially broadens the scope of self-defense rights, reinforcing that individuals can defend themselves wherever they are lawfully present, without the duty to retreat.

At Tylden Shaeffer, Attorney at Law, P.C. in San Antonio, I represent individuals charged with homicide and other violent crimes throughout southern Texas. Call (210) 227-1500 or contact me online to arrange a free initial consultation.

By Tylden Shaeffer | Published July 20, 2024 | Posted in Criminal Defense | Tagged Castle Doctrine, homicide, Violent Crimes