Texas is known for embracing gun rights and self-defense, but the laws that govern the use of force, especially deadly force, are often misunderstood. Can you point a gun at someone on your property in Texas without legal consequences? Can you fight back if someone hits you in Texas? The answers to these questions are largely determined by the Texas Castle Doctrine and Stand Your Ground laws.
The Castle Doctrine and Stand Your Ground laws are two key components of Texas self-defense law, but their application is not always as clear-cut as many believe. Misconceptions can lead to poor split-second decisions, wrongful arrests, and serious criminal charges, even for individuals who genuinely believed they were protecting themselves.
At Sellers Law Firm, we understand how intimidating the legal system can be if you’re facing assault or homicide charges. This article offers a nuanced look at Texas self-defense laws, including when they apply, when they don’t, and how a skilled Fort Worth criminal defense attorney can help you navigate your legal options. If you’ve been arrested in a self-defense situation, contact Sellers Law Firm for a case evaluation.
Castle Doctrine vs Stand Your Ground: What’s the difference?
While often lumped together, Texas’s Castle Doctrine and Stand Your Ground laws serve different purposes and operate under distinct legal frameworks.
It’s also important to note that self-defense is an affirmative defense to a crime. Even if your actions are clearly justified, it is possible that you will have to hire an attorney and defend yourself against assault or homicide charges.
Texas Castle Doctrine
Under Texas Penal Codes §9.31 and §9.32, Texas Castle Doctrine allows individuals to use force, including deadly force, to protect themselves against unlawful intrusions in their “castle” or legally occupied place. This generally includes:
- Your home
- Your vehicle
- Your place of business
The doctrine presumes that using force was reasonable if someone unlawfully and forcefully enters or attempts to enter your occupied home, car, or workplace. Importantly, you are not required to retreat before using force in these specific spaces.
Stand Your Ground
Texas Penal Code §9.31 and §9.32 also include Stand Your Ground principles that go beyond the Castle Doctrine. If you are lawfully present in any location and are not engaged in criminal activity, you are under no legal duty to retreat before using force if you reasonably believe it is immediately necessary to protect yourself.
| Texas Castle Doctrine | Both | Stand Your Ground |
| Applies only in specific locations (home, vehicle, workplace) | Require a reasonable belief of imminent danger | Applies anywhere you have a legal right to be |
Common scenarios where Texas self-defense laws apply
Can you shoot someone in self-defense in Texas? Understanding how the laws work in practice is key. Here are five scenarios in which Texas self-defense laws may apply, and how a criminal defense attorney might build your case:
| Scenario | Defense angle |
| Home invasion: A person breaks into your house at night. You confront them, and they make a threatening move. You shoot them. | Texas Castle Doctrine clearly applies. Your home is your castle, and deadly force is presumed reasonable against unlawful entry. |
| Carjacking: You are sitting in your vehicle when someone tries to force you out at gunpoint. | Your vehicle is an extension of your home. If the attacker tries to enter forcefully or threatens deadly harm, use of deadly force is typically justified. |
| Parking lot assault: Someone threatens you with a knife in a store parking lot. You draw a legally owned firearm and shoot. | If you’re legally present and not engaged in criminal activity, Stand Your Ground applies. You do not have a duty to retreat. |
| Protecting a third party: You witness someone being violently attacked and intervene using force. | Can you defend a third party in Texas? Texas law allows for the defense of others if you reasonably believe the victim is in imminent danger and your actions are proportionate. |
| Domestic dispute turned violent: An estranged partner attempts to break into your home and physically harm you. | A history of threats or violence can support your reasonable belief that force was necessary. |
What is not considered self-defense under Texas law?
Despite broad protections, not every use of force qualifies as self-defense. Here are five scenarios where self-defense likely won’t apply:
| Scenario | Why a self-defense plea fails |
| Mutual combat: You engage in a consensual fight at a bar that escalates. | Initiating or mutually agreeing to fight often voids a self-defense claim. |
| Retaliation after the fact: Someone assaults you and leaves. Hours later, you find them and assault them in return. | Self-defense must be in response to an immediate threat, not for revenge. |
| Verbal provocation alone: Someone insults or threatens you with words but makes no physical move. | Verbal provocation, by itself, does not justify force under Texas law. |
| Shooting a fleeing suspect: You catch someone burglarizing your car. They run away, and you shoot them in the back. | Deadly force must respond to an imminent threat. A fleeing person typically does not qualify. |
| Illegal firearm possession: You use a firearm in self-defense but are legally prohibited from owning one. | Even if your fear was reasonable, unlawful possession could undermine your defense. |
What if I kill someone in self-defense?
Taking a life, even in defense of your own, is a traumatic and legally serious matter. If you use deadly force that results in someone’s death, police will conduct a full investigation. You could be arrested for manslaughter, criminally negligent homicide, or even murder charges.
The difference between murder and self-defense depends heavily on whether your use of force was justified under Texas law. Key questions include:
- Were you lawfully present?
- Were you engaged in criminal activity?
- Did you reasonably believe deadly force was necessary to prevent serious harm?
The emphasis on reasonable belief is important. Under Texas self-defense laws, your perception of the situation does not need to be correct, only reasonable. That said, prosecutors may still press charges if your version of events doesn’t line up with evidence or if public pressure demands action. In such cases, a strong defense strategy may involve:
- Eyewitness testimony
- Surveillance footage
- Forensic evidence
- Establishing a credible threat
At Sellers Law Firm, we know how to handle high-stakes homicide defense and are prepared to fight for your rights if you acted in lawful self-defense.
What to do if you’ve been wrongfully arrested for assault or murder
Even if you believe your actions were fully justified, Texas law enforcement may still arrest you if probable cause exists. Here’s what you should do:
- Do not talk to the police without a lawyer: Even if you have nothing to hide, statements can be taken out of context. Assert your right to remain silent and request legal counsel immediately.
- Document everything: As soon as you are able, write down what happened. Include times, locations, threats made, witnesses, and anything you recall.
- Preserve evidence: Keep texts, videos, clothing, and anything else that may support your claim. Don’t delete anything that could prove helpful
- Hire a defense attorney: Your best chance at a favorable outcome is with a skilled criminal defense lawyer who understands Texas self-defense law and knows how to argue your case effectively.
- Avoid discussing your case publicly: Do not post on social media or talk to friends about the case. These conversations can become part of the evidence.
In the wrong place at the wrong time? Call Sellers Law Firm for defense.
Texas Castle Doctrine and Stand Your Ground laws give people the right to protect themselves, but these rights come with limits. Misunderstanding those limits can result in serious legal consequences, including felony charges. Whether you were defending your home, your family, or yourself in a public space, Sellers Law Firm is here to make your voice heard.
We handle cases involving aggravated assault, assault with a deadly weapon, homicide in self-defense, weapons charges, and more.
If you were arrested for a situation involving self-defense, don’t wait for prosecutors to define your narrative. Let us help build a case based on truth, context, and the protections Texas law gives you. Call Sellers Law Firm today (817) 928-4222 for a confidential consultation and take the first step toward justice.
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