Know Your Rights: Texas Castle Doctrine and Use of Deadly Force

In Texas, many people adhere to the old proverb "a man's house is his castle." This means that strangers can't just enter your home without permission, and deadly force is even allowed to protect your home and family, right? Well, yes, but there are quite a few strings attached.

Texas Castle Doctrine

According to Luster Law Firm, the castle doctrine explains someone's legal right to feel safe at their home, unoppressed by others who trespass onto their property.

In order for the castle doctrine to take into effect in Texas, force taken against someone else on your property should be both reasonable and justified. You can't just shoot someone because they called you names while standing on your front porch.

Luster Law provides three criteria where using force was justified:

1. An intruder unlawfully enters your habitation, vehicle or place of work through use of force
2. An intruder attempts to use force to remove you from your habitation, vehicle or workplace
3. The intruder was or was planning to commit aggravated kidnapping or assault, murder, or robbery

In Texas, "habitation" means a structure that is adapted for overnight living, according to Luster. However, this only applies to structures that are attached to a main habitation. So, a detached garage from your home may not be considered "habitation."

Exceptions to Castle Doctrine

Homeowners cannot claim they were within the law after using deadly force if they were the aggressor (the one who started the conflict). They also cannot claim protection under the law if they were engaged in criminal activity at the same time as the incident.

Texas Penal Code Section 9.41 also states that someone may use force, not deadly force, when faced with an intruder trespassing or interfering with their property. For example, if you notice someone sneaking around your back yard at night, you are not lawfully allowed to just go shooting at them.

It all boils down to reasonableness and necessity, according to U.S. Law Shield. You may use deadly force if you believe it is the reasonable immediate response to prevent the crimes of arson, burglary, robbery, aggravated robbery, theft during nighttime, or criminal mischief during nighttime.