Let’s say the person has entered your property or is attempting to enter your property with force. Now let’s change that situation a little bit. So, you could threaten them – you could actually pull out a handgun, point at them, and say, “you need to get off my property now.” You can’t actually use deadly force under those circumstances. You are, however, allowed to use the threat of deadly force. Simply seeing someone who has approached your property and is doing nothing more, is not enough for you to actually use deadly force. What if someone is just criminally trespassing on your property? Is that enough to use deadly force? Well, generally speaking, that’s not enough. For instance, when a person is entering your property using force – so the dynamic has changed from simply criminally trespassing to now they’re trying to break into a door, they’re trying to break into a window, or they have – well there’s a presumption that your use of deadly force is in fact reasonable to try and keep them out or to get them out of your property. Also understand that there are certain presumptions that can protect you when you use force or deadly force. When is deadly force considered reasonable?Īs you’re considering whether or not the use of force is appropriate, understand that ultimately a judge or jury is going to be looking at the reasonability of your actions. When we are talking about the use of deadly force, the general premise is you can use deadly force to defend yourself against another persons’ unlawful use of deadly force. So, if someone comes at you with their fists balled up or punches you can’t pull out a knife and stab them. However, generally speaking, you’re not going be able to increase the level of force. So, for instance, if someone comes up to you and balls up their fists to strike you or does in fact strike you, then you can certainly use your fists to hit them back. In very general terms, your use of force needs to be measured to counter the use of force being used against you. This is Texas and we love our guns in Texas – but when can you pull a firearm out and use it to protect yourself, your property, your business, or someone within your home? Let’s talk about when a person can use self defense in Texas and particularly when a person can use deadly force to defend themselves. In this video, Fort Worth criminal defense attorney Benson Varghese breaks down the Castle Doctrine and explains when self defense in Texas is justified.
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