In the State of Texas, you have the right to defend yourself against someone else’s use of force when you reasonably believe that doing so is necessary. Proving self-defense, however, comes with serious challenges, and better understanding the legalities of this complicated defense can help.
If you are facing a criminal charge, don’t wait to reach out for the seasoned legal guidance of an experienced Killeen criminal defense attorney.
Claiming Self-Defense
In order to bring a successful claim of self-defense in Texas, one of the following points must apply to your situation:
You used only the degree of force necessary to defend yourself.
The force you used was necessary to stop someone else’s use of illegal violence.
You neither prompted nor goaded the other person to use force.
You weren’t in the process of committing a crime or engaging in a criminal activity at the time.
In Texas, self-defense is considered a “complete defense” in response to a criminal accusation, which means that a successful self-defense claim nullifies the charge in question.
Your Legal Right to Defend Yourself and Others
The use of force is considered justified in specific instances in Texas:
When you are defending yourself
When you are defending your private space, such as your home or car
When you are defending your property
When you are defending someone else
Ultimately, you have the legal right to defend yourself, your property, and others from another party’s use of illegal force. Contact a knowledgeable Killeen criminal defense lawyer to learn more about your right to defend yourself and others.
A Reasonable Amount of Force
The amount of force you use in self-defense must qualify as reasonable in order for the claim to be legally viable. In other words, the amount of force used must be proportionate to the degree of threat you face. This requirement means that the degree of force you use should not greatly exceed the amount of force that’s necessary to defend yourself adequately.
Every determination of reasonableness must be taken on a case-by-case basis, and it’s important to note that not all acts of defense are weighted equally. Texas courts take factors such as the following into account when assessing self-defense claims:
The attacker’s age
The attacker’s size
The attacker’s gender
When the need to use force is verified, and the amount of force used in response is considered reasonable, self-defense can be a strong legal defense strategy for charges that range from aggravated assault all the way to criminally negligent homicide.
Points to Keep in Mind Regarding Self-Defense Claims
Self-defense is an important defense strategy that can also be quite challenging to carry out. If you are hoping to use self-defense as your defense strategy, keep the following important points in mind:
As a defendant, you are entitled to jury instructions on the matter of self-defense if the issue was raised as a matter of evidence during your case – regardless of how strong the evidence is and regardless of how credible the court finds the claim.
When an appeals court reviews a trial court’s decision to deny a defendant’s request for self-defense instructions, the evidence must be considered in the defendant’s most favorable light.
If there is any amount of evidence supporting the element of self-defense – when the evidence is viewed in the defendant’s most favorable light – the trial court is found to have erred in denying self-defense jury instructions.
Defendants are justified in using force against another to the degree they reasonably believe is necessary to defend themselves against the use or attempted use of unlawful force.
Using force against another party’s verbal provocation alone is not legally justified.
Deadly force is justified when force is justified and the defendant reasonably believes that the immediate use of deadly force is necessary to protect themself against the other party’s use or attempted use of deadly force.
Threatening to use deadly force or cause serious bodily injury if necessary does not constitute the use of deadly force.
Your seasoned Killeen criminal defense attorney will help you navigate the complexities of presenting self-defense in court. Contact a lawyer at The Law Office of Brett H. Pritchard to get started.
The Castle Doctrine
The castle doctrine refers to your right to protect yourself in your home, which includes the right to use deadly force. While broad rights are afforded to Texans, allowing them to protect their property, the court’s determination always comes down to what is reasonable and whether there was an immediate need to use force.
In specific situations protected under the castle doctrine, your actions are presumed to be reasonable if you were defending your home or “castle,” vehicle, or place of work. You have the right to protect your home and yourself with no duty to retreat.
The castle doctrine includes all of the following key elements:
Force is justifiable if you reasonably believe that the use of force is immediately necessary to protect yourself or someone else from an intruder’s unlawful use of force.
Deadly force is justifiable if you reasonably believe the use of deadly force is necessary to protect yourself or someone else from imminent death or serious bodily injury or to prevent the commission of a violent crime like aggravated kidnapping, sexual assault, or robbery.
If the person using force is the initial aggressor, is engaged in criminal activity at the time, or provoked the attack in the first place, the castle doctrine doesn’t apply.
When Deadly Force Is Considered Justified
The use of deadly force is considered justified in Texas when the person who employs it believes that it is immediately necessary in order to accomplish one of the following ends:
Protect himself or herself or someone else against another party’s use or attempted use of unlawful deadly force
Prevent an aggravated kidnapping, sexual assault or aggravated sexual assault, robbery or aggravated robbery, or murder
When it comes to the protection of property, Texans generally have the right to employ force – but not deadly force – except in the following situations in which deadly force is considered immediately necessary in order to accomplish one of the following ends:
Prevent a crime, such as arson, robbery or aggravated robbery, burglary, theft at night, or criminal mischief at night
Prevent someone from fleeing with property after committing burglary, robbery, aggravated robbery, or theft during the night
However, defendants must also demonstrate that they couldn’t protect or recover the property in question by any other means or that the use of non-deadly force would have exposed them or someone else to a substantial risk of either death or serious bodily injury. Your seasoned Killen criminal defense attorney will help you present the strongest defense to protect your rights.
The Castle Doctrine and Common Misconceptions
There is a great deal of confusion associated with the castle doctrine, and there are some very common misconceptions.
You Never Have to Back Down
It is not true that standing your ground means that backing down is never a requirement. Force can only be used as self-defense if those who use it reasonably believe that it’s immediately necessary to protect themselves against someone else’s use or attempted use of unlawful force.
This requirement means that if someone engages you in a fistfight, you shouldn’t expect the law to protect you if you pull out a gun in response.
The most important point to remember is that you can employ the same level of force that is used against you in order to defend yourself lawfully.
You Can Shoot upon Verbal Provocation
If someone is provoking you verbally, it does not legally justify the use of any amount of force – regardless of what they say.
You Can Set Conditions that Justify Force
Telling someone that you’re going to shoot if they do X, Y, or Z does not suffice when it comes to justifying the use of force.
A Widely Cited Texas Stand Your Ground Case
NBC reported on a widely cited Texas stand-your-ground case in which a 46-year-old man shot and killed his neighbor in 2010. The neighbors were having a birthday party that angered the Texas firefighter and prompted him to go next door and engage in an argument.
The shooter made a 22-minute video recording of the incident in which he can be heard telling the police dispatcher that his life was in danger now and that “these people are going to try and kill me,” which was followed with “I’m standing my ground here.” At this point, the man fatally shot his neighbor and wounded two other men in attendance.
The Defense
The man’s defense team claimed that one of the men lunged at him – leaving the defendant with less than a second to respond. During the trial at which the man was convicted of murder and received a 40-year sentence, the defense called no witnesses to the stand.
The Prosecution
For their part, the prosecution called the man the aggressor in the matter, claiming that he took a gun to complain about unreasonable noise. They also maintained that he could have safely left his neighbor’s driveway at any point before shooting.
At trial, a neighbor testified that the man had shared all the following information with her prior to the incident:
He had a license to carry a concealed handgun.
A person could avoid legal prosecution in a shooting by letting the authorities know you feared for your life, were standing your ground, and were defending yourself.
Others testified that he was abusive, had once shot a dog, and was generally a bad neighbor.
Texas Officer Killed in Stand Your Ground Case
Another oft-cited stand-your-ground case in Texas – as reported by Texas Monthly – was instigated in the early morning of March 5, 2019. In this case, the police were notified of a home alarm going off in Midland.
The first officers on the scene walked around the house’s perimeter and found that a door to the backyard was locked. They proceeded to the front door and opened it, which tripped a voice alarm and caused them to close the door.
By this time, backup had arrived, and one of the original officers reopened the front door, shone his flashlight in, and announced, “Midland police, come to the sound of my voice.” Just moments later, shots were fired, and the police officer was fatally wounded.
The shooter, a 37-year-old man, was arrested and charged with recklessly causing the officer’s death. After setbacks and delays related to the pandemic, the state announced that they were reindicting the homeowner for “intentionally and knowingly” causing the officer’s death – rather than engaging in a reckless act as first identified.
The Backstory
The killing in this case was precipitated by a mechanical error with the home’s security system. As it turned out, the first alarm was false but was interpreted as a burglary in progress by the security monitoring company, which reported the alarm to the authorities. For its part, the security company failed to alert the homeowners that the police were on the way.
Although the security system error was recognized about a minute and a half after dispatching, the police weren’t notified that there was a glitch in the system and that a burglary might not be in progress.
At Trial
At trial, the shooter and his wife both testified that they hadn’t heard the officer announce himself. When they heard muffled voices and saw silhouettes at the front door, the husband strode forward with his pistol, firing one shot toward the flashlight and then slamming the door shut while his wife called 911. It took the jury only 90 minutes to reach a verdict of not guilty.
Reach Out to an Experienced Killeen Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is an accomplished criminal defense attorney with an impressive track record of successfully guiding challenging self-defense cases toward advantageous outcomes.
Bringing your strongest defense is paramount, so please do not put off reaching out to contact us online or call us at (254) 781-4222 for more information about what we can do to help you today.