If you’re a gun owner or a person that doesn’t rely on police for the defense of your life, family and property, understanding self-defense statutes is paramount.
It’s not just about knowing your rights but also comprehending the legal boundaries within which you can execute your rights. In Texas, self-defense laws reflect a balance between individual protection and societal order.
As a seasoned criminal defense attorney with over three decades of experience defending people in Angleton and throughout Brazoria County, The Law Offices of Tad Nelson & Associates is a unique position to elucidate the intricacies of self-defense laws for the purpose of empowering individuals facing criminal charges.
The Right to Self-Defense
A Constitutional Bedrock
Whether we’re talking the Constitution of the United States of the Texas Constitution, you have the fundamental God-given right to self-defense.
The concept is not only a legal prerogative but also a moral imperative. The Second Amendment of the Constitution of the United States, affirms the right of the people to keep and bear arms for their defense.
(Although the 2nd Amendment is mainly intended to allow people to protect themselves from their government, that’s another discussion for another day.)
“Abundant historical evidence indicates that the Second Amendment was meant to leave citizens with the ability to defend themselves against unlawful violence. Such threats might come from usurpers of governmental power, but they might also come from criminals whom the government is unwilling or unable to control.”
https://constitutioncenter.org/the-constitution/amendments/amendment-ii/interpretations/99
Similarly, the Texas Penal Code articulates the right to use force, including deadly force, in certain circumstances to protect oneself, one’s property, or another person.
Self-Defense Statutes in Texas
Understanding when and how self-defense can be invoked requires an understanding of Texas law. Texas Penal Code Sections 9.31 through 9.34 delineates the parameters within which individuals may employ force for self-protection. The law also interprets self-defense to mean the defense of one’s property or another person.
It’s imperative to note that while Texas law allows for the use of force in self-defense, it imposes limitations to prevent abuse or misuse of this privilege.
Justified Use of Force
Executing your right to self-defense can range from actions involving non-deadly force to deadly force. For each situation, there are criteria that must be met for a self-defense strategy to serve as acceptable defense in court.
When faced with imminent harm or threat of bodily injury, individuals have the right to use force reasonably necessary to protect themselves. However, the use of deadly force, such as firearms, is permissible only under specific circumstances outlined in the law, such as in cases of imminent threat of death or serious bodily injury, or to prevent the commission of certain violent crimes.
Stand Your Ground Laws vs. The Castle Doctrine
Legal Distinctions
Texas, like many states, has protections for its citizens related to both the Stand Your Ground and Castle Doctrine legal concepts.
The Stand Your Ground doctrine removes the duty to retreat. This legal concept allows individuals to defend themselves with force, including deadly force, as long as they’re in a place where they have a legal right to be.
On the other hand, the Castle Doctrine extends this principle to one’s dwelling, place of work, or vehicle. This concept emphasizes the sanctity of one’s personal space and property.
Need Legal Representation in a Self-Defense Case?
Call Brazoria Criminal Defense Lawyer Tad Nelson
In the aftermath of a self-defense incident, the actions you take can have a massive impact on the situation. That’s where competent legal representation becomes indispensable.
As a Board Certified® Criminal Defense Lawyer with a proven track record of success in Brazoria County, Houston, and Federal courts, my team at Tad Nelson & Associates is ready to defend your rights. It’s our job to protect your interests in these situations.
We understand the difficulties associated with executing a self-defense strategy in court. If you’re facing criminal charges in Brazoria County for assault, aggravated assault or any form of criminal homicide, and you were defending yourself, property, or another person, we would like to hear from you. Contact Angleton criminal defense lawyer Tad Nelson today at 281-280-0100.
