Texas Castle Doctrine

According to the Castle Doctrine or Defense of Habitation Law of Texas, a person can reasonable protect him or herself against another person’s use or attempted use of unlawful force. The person acting must also not have provoked the other person.

A degree of reasonable protection includes counteracting a person who:

  • unlawfully or forcefully enters or attempts to enter the victim’s place of residence, vehicle, or place of employment.
  • forcefully removes the victim from his or her place of residence, vehicle, or place of employment.
  • commissions or attempts to commission a kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.

In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.

In addition, the occupants of the habitat must be in the habitat legally. If the occupants are considered to be fugitives or are using the Doctrine to provide assistance to fugitives, any of their actions are not justified by Texas law.

Texas law is known by many to be one of the toughest in the land. Texas is hard on criminals, but also adamant about allowing owners to retain their properties.

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If you or someone you know has been accused of performing your rights under the Texas Castle Doctrine in an unlawful manner, contact Austin criminal lawyer Ian Inglis today at (512) 472-1950 to discuss your legal options.

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