Stand your ground laws often appear in the headlines when a homeowner or other property owner uses a gun to prevent an intruder from entering the property. These laws, however, vary widely from one state to the next, so it is important to know your rights when it comes to defending your home and family in the state of Texas.
Currently, about half of the states have a stand your ground or self-defense law, which also may be referred to as “the castle doctrine,” “line in the sand,” or “no duty to retreat” law. In the state of Texas, you have no duty to retreat when you reasonably believe that you are in danger of bodily harm or death if you are threatened in your home, vehicle, or workplace. Additionally, you have the right to use deadly force in this type of situation if you believe that it is necessary to prevent another person using deadly force against you or to prevent a violent crime. Examples of eligible violent crimes include murder, sexual assault, or robbery.
However, in order to use this defense, you must be able to show that that you did nothing to provoke the person who attacked you, that you were not breaking any laws at the time the threat occurred, and that you had the right to be at the location in question. Furthermore, if you use deadly force, you must prove that it was warranted given the situation, in that you were justified to fear bodily harm or death.
The criminal defense lawyers of Peek & Toland have the experience and knowledge needed to represent the interests of those individuals charged with criminal offenses related to the possession, sales, and discharge of firearms. We will focus on gathering evidence on your behalf, building a strong defense in your case, and developing the best strategy for defending your case. The earlier we get involved with your case, the more help we can offer you. Don’t hesitate to contact us today and learn what we can to help.