Although you still have the right to defend yourself, if you draw your concealed weapon and fire in response, you may have to explain to the judge or jury why you didn’t try to run away first. The landowner approaches you with a holstered firearm and asks what you’re doing on his land, and he tells you to leave because you’re trespassing. They are miracle workers and that is the truth. Using this website as a means of communication with this firm does not establish an attorney-client relationship nor should it be used for any confidential or time-sensitive messages. Statutes in this subchapter, "Protection of Property" are sometimes referred to as the "castle doctrine" laws. Texas’ Stand Your Ground law differs substantially from that of Florida, with much greater restraints on use of deadly force. If you need a divorce attorney, call the Law Firm of Reynaldo Garza, III for help with any family law issues! What Do They Particularly Hate About “Ghost Guns” In Oklahoma. You forget to remove your everyday carry gun and you become intoxicated. When you get nose-to-nose with the other driver he pushes you back and you draw your gun and shoot him. As he creeps closer, you have to decide, hand over your wallet, draw your concealed pistol and protect yourself, or run away. Because laws vary from state to state, and even the names for these laws can be different depending on the jurisdiction, people sometimes wonder what rights they have when it comes to defending themselves and their property. Can Questionable Child Porn Tracking Software Result in Dismissal? Fortegra Companies are rated A- (Excellent) for financial strength and operating performance by A.M. Best. Reynaldo has represented clients before the Texas 13th Court of Appeals, the Texas Supreme Court and the United States 5th Circuit Court of Appeals. Second, you won’t be protected if you use deadly force after provoking someone. No matter where you’re located in the country, it’s generally the rule that people have the right to use deadly force any time they have a reasonable belief that is necessary to stop another person from injuring or killing them. The resident tough guy starts to harass you and he breaks a beer bottle on the bar, turning it into a deadly weapon. Inappropriate Teacher Student Relationships, Your Rights in a CPS Investigation in Texas, Marijuana Manufacturing & Delivery Charges, Houston criminal defense attorney Ned Barnett, The Difference Between Viewing and Possessing Child Porn, Arrested in a Harris County Sting? As you might imagine, Texas stand your ground law cases can be extremely complicated. Contact an Experienced Texas Criminal Defense Lawyer. You have the right to defend yourself, but you can’t use unreasonable or excessive force. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. The broken edge of glass can do serious damage. What Do They Particularly Hate About “Ghost Guns” In Ohio? Stand your ground laws occasionally make headlines when a homeowner or property owner prevents an intruder from entering their home. ", Chapter 5 (starting on p. 123) of the State Bar of Texas's book. I’d recommend him to anyone who has a legal issue. About half the states in the U.S. have some version of what is commonly called the “stand your ground” law. As you might have guessed, you can lose this vital protection if you don’t meet the requirements. We are proud to say U.S. LawShield is underwritten by a Fortegra Company in many states. Learn how your comment data is processed. Reynaldo Garza, III grew up in Brownsville, Texas and is the grandson of Judge Reynaldo G. Garza, the first Mexican-American federal judge in United States history. This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges. Generally speaking, a person may use deadly force when he or she reasonably believes it is necessary to prevent death or serious bodily injury to himself or herself or to another person. Thank you for your help. They are professional, courteous, and an amazing team. This section discusses the use of deadly force for the protection of property. Ned Barnett is that attorney. If you defended yourself from harm or the threat of death, you have the right to raise the stand your ground law as a defense. Search by Keyword or Citation; ... FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. It’s important to work with a Texas criminal defense lawyer who can help. As he creeps closer, you have to decide, hand over your wallet, draw your concealed pistol and protect yourself, or run away. If so, it’s important to speak to a knowledgeable Texas criminal defense attorney for assistance. Great Service!! They saved my life, and I will forever be grateful. What Do They Particularly Hate About “Ghost Guns” In Missouri? An experienced attorney can help protect your rights and minimize subsequent legal consequences. However, some jurisdictions adopted the English common law rule, … Following the death of Trayvon Martin and trial of George Zimmerman, stand your ground laws have become the subject of national attention and debate. Relationships can be complicated, especially when they go beyond the challenges that typical relationships face. Mr. Garza and Christian helped me through the toughest time in my life. All rights reserved. Is COVID the Reason for More Violent Crime in Houston? This page from FindLaw discusses "castle doctrine," "stand your ground," and "duty to retreat" laws. Texas has a “no duty to retreat” rule, but the words “stand your ground” don’t appear in Texas law. This is what’s known as “self-defense.” In other words, you don’t have to simply stand still and let someone strike you or attack you. Subchapter C includes provisions for “protection of persons,” which is the stand your ground law. If you need the help of a child support lawyer, call the office of Reynaldo Garza, III today! This would be the same for a business owner in his place of business and a truck driver in his own truck. If you’ve been convicted of a crime in Texas but were fortunate enough to have your criminal defense lawyer negotiate a sentence of probation, it’s essential to understand how probation works and that it can be revoked. Stand your ground laws expand traditional self-defense principles by removing the duty to retreat before using deadly force. It’s easy to see how, in the heat of the moment, a person might believe their life is in danger and react accordingly. Under Texas Penal Code Section 9.32(a), a person is justified in using deadly force against another when the actor reasonably believe that the force is immediately necessary if the actor would be justified in using force against the other under Section 9.31 and. To raise the defense, you will have to prove that you did not provoke the person who attacked you and that you were not breaking any laws at the time the incident occurred. However, some jurisdictions adopted the English common law rule, which imposed a duty to retreat before using deadly force. You may also hear stand your ground laws referred to as “no duty to retreat” or “line in the sand” laws. When charged with a criminal offense in Texas, there is a possibility that your defense lawyer might enter into plea bargaining negotiations with the prosecution, which can be beneficial at times but not always.

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