Texas Castle Doctrine and Use of Force
Establishes a presumption that force is reasonable when defending one's occupied habitation, vehicle, or place of business.
Laws filed under this category in plain English.
Establishes a presumption that force is reasonable when defending one's occupied habitation, vehicle, or place of business.
Defines homicide as justifiable when committed in defense of self or others against a person intending to commit a felony or cause great injury.
Shifts the burden to the prosecution to prove beyond a reasonable doubt that a person did not act in self-defense.
Provides that an individual who is not engaged in a crime may use deadly force anywhere they have a legal right to be, with no duty to retreat.
Texas law recognizes the 'Castle Doctrine,' meaning there is no duty to retreat before using deadly force if you are in your home, vehicle, or place of business.
A person has no duty to retreat and has the right to stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm.
California does not have a 'Stand Your Ground' statute, but state jury instructions and case law establish that a person has no duty to retreat if they are resisting a forcible and atrocious crime.
Unique to Texas, deadly force may be justified to prevent the imminent commission of arson, burglary, robbery, or theft during the nighttime, or to prevent a suspect from fleeing with property.