Cofer Luster Criminal Defense Lawyers | March 5, 2025 | Criminal Defense
In the past several years, there has been a lot of discussion of stand-your-ground laws throughout the United States. However, the meaning is uncertain. Furthermore, the laws vary from state to state. Texas applies traditional self-defense laws and the Castle Doctrine. You can learn more about your rights and how they are applied below.
What Is Self-Defense?
Self-defense is a legal defense to many criminal charges. Someone acts in self-defense when they use force to repel a threat or harm. Self-defense must be proportionate to the threat and can be used when someone reasonably believes that they are in imminent danger.
What Is Stand Your Ground And The Castle Doctrine?
“Stand Your Ground” laws and the Castle Doctrine are two different types of self-defense: defense of others and defense of property. Unlike traditional self-defense laws, these eliminate the duty to retreat before using force to defend.
Stand Your Ground
“Stand Your Ground” refers to a subset of self-defense laws that eliminate one’s duty to retreat in public places or places where one is lawfully present. It gives Texans the right to use force, including deadly force, to repel a credible threat.
To “Stand Your Ground,” one must:
- Reasonably believe that force was necessary
- Not have provoked the threat
- Be acting lawfully
- Use the minimum force necessary
The last prong is where most of the confusion comes into play. Many people are confused about proportionality. Texans can use deadly force under Stand Your Ground laws, but only to propel deadly force. Otherwise, the force must be the minimum necessary to protect oneself and get to safety.
The Castle Doctrine
The Castle Doctrine is similar to Stand Your Ground, but it applies to the privacy of one’s home. The Castle Doctrine recognizes that someone shouldn’t have to retreat if there is an intrusion or threat at their home. People have a right to defend themselves and others when at home.
Under the Castle Doctrine, a person is presumed to have acted lawfully if they use force against someone who:
- Unlawfully entered or attempted to enter their home,
- Attempted to remove you from your home, or
- Was committing certain serious crimes, including kidnapping, robbery, murder, and sexual assault
In reality, the Castle Doctrine applies to more than just one’s home. It also applies to a car, workplace, or anywhere that has been adapted to overnight use. In practice, this may include an RV, campsite, or boat, for example.
What Happens If I Am Charged With A Crime After Acting In Self-Defense?
Self-defense is a viable defense to many different criminal charges. Unfortunately, people are sometimes charged with crimes even when they are acting lawfully. If you are charged with a crime after acting under the Castle Doctrine or Stand Your Ground laws, you will have a strong case. However, your success may come down to having an experienced defense attorney.
Just because you acted in self-defense doesn’t necessarily mean that you will be found not guilty. Some people may have an imperfect self-defense claim that results in a reduction of the charges or conviction of a lesser charge. This is common in homicide cases where someone uses deadly force but is not justified in doing so. If they honestly believed that they had the right to do so, the murder charge could be reduced to manslaughter, for example.
Contact a Criminal Defense Attorney For Help
A good defense attorney can use the self-defense laws to negotiate with the prosecutor for a dismissal or reduction of your charges. If the prosecutor doesn’t comply, then your lawyer will fight for you to be found not guilty at trial. You should make sure that you hire an attorney with a wealth of trial experience to make sure that they successfully advocate for you.
Contact The Fort Worth Criminal Defense Law firm of Cofer Luster Criminal Defense Lawyers for Legal Help Today
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102