Although Texas is known for its extensive self-defense laws, it doesn’t exactly mean that you can shoot first and ask questions later. There are specific legal scenarios in which you can use your firearm to defend yourself or your property, but exactly when is it legal to shoot someone in Texas?
Generally speaking, it is legal to shoot someone in Texas if you believe that the use of force is necessary to protect yourself or others, and the amount of force you use is considered proportionate to the threat you’re facing.
Continue reading to find out when the self-defense laws apply in Texas — and when they don’t. Or, if you or a loved one has in fact shot first and need help proving it was justified, give Thiessen Law Firm a call today at (713) 864-9000 to protect your future.
What makes self-defense legal?
In Texas, acts of self-defense are legal when a person reasonably believes that the use of force is immediately necessary to protect themselves from another person’s unlawful use of force. This means that the threat of danger must be imminent and unlawful.
Additionally, the law does not protect anyone who provokes an attack or uses excessive force beyond what is necessary to neutralize the threat — it also considers whether you had an opportunity to retreat before using deadly force. Thanks to Texas’ Stand Your Ground Law, there is no duty to retreat in certain situations, but more on that later.
Can you shoot someone in self-defense in Texas?
You can shoot someone in self-defense in Texas, but it will be considered unlawful unless specific conditions for self-defense are met. There are three main elements that apply to all acts of self-defense in Texas:
- Reasonable belief of danger. This means that it should be apparent that the use of force is necessary to protect yourself or others.
- Reasonable amount of force. The amount of force that you use must be directly proportionate to the threat you are facing; you can’t shoot someone for verbal threats alone.
- Defense of self, others, or property. The Texas self-defense laws outline the ability to use deadly force (when proportionate and necessary) to protect either yourself, other people, or your property.
If you use deadly force without justifiable reason, belief in danger, or proportionate force, you could be left without a defense to serious criminal charges.
What charges can you face for shooting someone?
Even if you believe your actions were justified, if law enforcement or prosecutors determine that your use of force was excessive or unlawful, you will likely still face serious criminal charges. Some of the charges you could face include:
- Aggravated assault. In Texas, assault with a deadly weapon charges are automatically aggravated assault charges. If you shot someone and didn’t kill them, instead causing serious bodily injury, you could be looking at a second-degree felony punishable by 2 – 20 years in prison.
- Manslaughter. If prosecutors determine that you acted recklessly but without intent to kill, you could be charged with manslaughter, which also carries a sentence of up to 20 years in prison.
- Murder. If the prosecution believes that you intentionally killed someone without legal justification, you could face murder charges in Texas, which can result in a sentence of 5 – 99 years in prison, or even life.
This is why you need a lawyer even after shooting someone “legally.” Because there is no way to legally shoot someone, only affirmative defenses to the act, you will still likely need an attorney to prove that your actions were justified.
Continue reading about assault and homicide charges in Texas:
- How serious is a first-time assault charge in Texas?
- What to do if you’re falsely accused of assault
- Misdemeanor assault in Texas, what you need to know.
- Is crime of passion a real legal defense?
- What’s the difference between assault and aggravated assault?
The self-defense laws in Texas
What we call the Texas self-defense laws are actually a few different sections of the Texas Penal Code which have been changed over time.
The Stand Your Ground Law and the Castle Doctrine are names commonly used to describe details in the overall statutory language found in the Texas Self Defense Penal Codes. We will describe both concepts below.
Stand Your Ground Law in Texas
Although Texas does not explicitly have a “Stand Your Ground” law, it is a “Stand Your Ground” state, meaning that people have no duty to retreat before using force if they are in a place where they have a legal right to be.
This law applies in your home and on your property, provided that you were not engaged in illegal activity and did not provoke the conflict before your use of force.
Castle Doctrine in Texas
The Castle Doctrine is what many call subchapter D (sections 9.41, 9.42, 9.43, and 9.44) of the Texas Penal Code, which discusses the right to protect your property, your ability to use deadly force to do so, protecting the property of others, and the use of a device to protect property.
The subchapter is pretty long and complex, but the highlights look like this:
- On defending your own property (Sec. 9.41): You can use force to stop someone from trespassing on your land or unlawfully interfering with your property. If someone takes your property by force, threat, or deception, you can use force to take it back.
- On using deadly force to protect property (Sec. 9.42): You can use deadly force if it’s necessary to stop serious crimes — or if a thief is escaping with your property and there’s no other way to recover it without serious risk to yourself.
- On protecting someone else’s property (Sec. 9.43): You can defend another person’s property the same way you would your own — if the owner asked for your help, you have a legal duty to protect it, or the owner is a close family member or someone under your care.
- On using devices to protect property (Sec. 9.44): You can use security devices (like alarms or barriers) to protect property, but they can’t be designed to cause death or serious injury, and their use must be reasonable.
Basically you have a lot more rights on your own property, or that of a loved one, and you’re not allowed to set up booby traps.
When is it legal to shoot someone in Texas? — FAQ
Can you shoot someone who is trying to fight you?
Generally, no. You cannot use deadly force simply because someone wants to fight you. But if a fight escalates to a life-threatening situation where you fear for your life or serious injury, you may have legal grounds to use deadly force.
Can I shoot someone on my property in Texas?
You can legally shoot someone on your property under a few specific conditions, including but not limited to:
- They are unlawfully trespassing and pose a threat
- They are attempting to commit a serious crime
- You reasonably believe they intend to cause harm
Shooting someone for being on your property if they don’t explicitly pose a threat is risky, and will be up to your self-defense lawyer and the judge or jury to work out — but in general, it isn’t advised.
Can you shoot someone for breaking into your house in Texas?
Yes, under the statutory language often referred to as the Stand Your Ground Laws and Castle Doctrine, Texas law allows homeowners to use deadly force against an intruder who unlawfully enters their home.
Homeowners have the right to defend themselves if they believe the intruder intends to commit a serious crime, and someone entering your house illegally by break-in can often reasonably be assumed to have serious criminal intentions.
Had a good reason to shoot? Doesn’t matter. Call Thiessen Law Firm to defend your life.
So when is it legal to shoot someone in Texas? When it is proportionate and necessary to defend yourself or your property. But it doesn’t matter if you had all the reason in the world, you may still face serious charges that threaten your future, and you’ll need an attorney to protect it.
Texas law is strict when it comes to justifying self-defense claims, and law enforcement may not always see the situation the way you do. If you used deadly force to protect yourself or others, you need to contact an experienced self-defense attorney to make sure you have a strong affirmative defense for your actions.
Thiessen Law Firm can help. Call us today at (713) 864-9000 or contact us online for a free consultation. You’ve already defended yourself, make sure you have someone by your side who can finish the job by successfully defending you in court.
More Helpful Articles by Thiessen Law Firm:
- Is It Illegal To Threaten Someone in Texas?
- Expungement in Texas: What You Need to Know
- Is Assault on a Family Member in Texas a Felony?
- Cocaine Possession in Texas: Laws and Penalties
- Is Aggravated Assault a Felony in Texas?
