In Castle Doctrine states like California, unless you are in your home, you do need to at least attempt to leave a threatening situation before you can use deadly force and still claim self-defense. Finally, you cannot use deadly force when a person is on your property if they have not shown themselves to be threatening.
They would need to take the first step toward a threatening situation for you to use deadly force and still be able to claim self-defense. The standard is usually lower, however, if the person has entered your home. While these differences may seem small on the surface, they can have significant legal implications. It is also important to mention at this point that there are several questions you have to be able to answer yes to in order to be able to claim self-defense.
The questions are. If you can answer yes to those three questions there is a good chance you can claim self-defense if you shoot someone who has broken into your home. If you have, or ever have to use self-defense in your home to protect yourself or your family, you should seek legal representation. A self-defense claim is at least in part an admission of doing something that under normal circumstances is against the law. While you might feel you have an air-tight case, there are legal complexities to claiming self-defense that are best handled with the help of a qualified criminal defense attorney.
However, if the individual becomes a threat by coming toward you with a weapon in hand or breaking into your home and using the weapon to take things, their trespassing has now escalated to attempted murder or aggravated robbery. Stand your ground laws allow property owners to defend their property through deadly force without retreating if the other party is an imminent threat.
Despite these laws, it is fairly well-known that any case involving the use of weapons or death can leave the self-defending party in hot water. In cases involving weapon use, a jury will need to determine the need for the deadly force in that instance. In other words, was shooting the other party really necessary or warranted? Texas juries have a three-step process that they will use when looking at such cases:.
After reviewing the Texas legislation that discusses the use of deadly force, the jury must find that you were justified in using this level of force to stop the trespasser, thief, or attempted murderer. The jury must decide that you had reasonable belief to think that deadly force was immediately necessary to stop the individual from fleeing the scene with your property in hand or to protect yourself against the individual.
The jury must agree that when you used deadly force, you believed that you had no other means to protect your property from being taken or protect yourself and that using less force would have led to risks of your own death or serious injuries. If you or anyone you know is facing charges involving the use of weapons or deadly force, you should immediately seek out legal counsel.
Charges to this degree can lead to significant time behind bars, hefty fines, or even the death penalty. Our BCP Criminal Defense Attorneys believe in the right of Texas property owners to defend themselves and are committed to defending those facing murder or manslaughter charges in the state of Texas. We have over 40 years of combined experience to put toward your defense and we will fight tirelessly on your behalf.
If you are facing criminal charges after defending yourself using a weapon, contact our Wilson County criminal defense attorneys at to schedule your free consultation. Barrera Christopher D. Cavazos G. Congratulations to all 4 of our Attorneys for receiving the S.
Learn More Case Results. Subscribe via RSS. Californians are not only permitted to take defensive action in their homes or on their personal properties; they may also act in self-defense if they are attacked, threatened, or otherwise believe they may be harmed by another person, regardless of where they are. California self-defense laws allow you to use force against another person if the following things are true:.
If you take all of these actions but the other person continues to fight, you have the right to self-defense. Just as you have the right to protect yourself in the event that you face imminent danger, you also have the right to protect others that you believe are facing an immediate threat.
In contrast, you have the right to use reasonable force in order to protect your property if you believe it is facing a threat of imminent harm. In such cases, the amount of force you use to defend your property must generally align with the level of perceived threat. For more information, contact Virginia L.
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