We all have the “fight or flight” nature inside of ourselves. However, there are times when defending yourself may cause you to end up in legal jeopardy. This is when it’s important to understand what legal self-defense is, particularly in the state of Texas.
Your home, your vehicle, and your workplace are identified under the “Castle Doctrine.” Essentially, this means that you’re justified to use force when you need to defend yourself against an intruder.
Just because you’re justified, though, doesn’t mean that someone else isn’t going to view things differently. Even though you are trying to protect what is yours, the person who is entering your property unlawfully could turn around and sue you. If you have to shoot someone, even their family could sue you.
There are a number of self-defense laws in Texas. The state identifies that you shouldn’t have to flee your property because of an intruder.
Even if it doesn’t have to do with your property, there is still the idea of legal self-defense. For example, if someone were to attack you in the street, you have the right to defend yourself. If you feel threatened, you may take action in a number of ways. There are penal codes that identify how self-defense is identified. If someone is trying to commit murder, sexual assault, or even aggravated kidnapping, you can take reasonable action in order to defend yourself.
There are always exceptions, however. If you are engaged in a criminal activity or you provoked the person that then led them to take the particular action, you cannot claim self-defense. You also cannot use force if there was verbal provocation alone.
At some point, you need to explore the possibility of needing criminal defense. Although you have the right to defend yourself, it can be difficult to navigate the legal waters alone. You don’t want to get yourself in trouble with the law simply because you were trying to defend yourself or your property.
At Gebhardt and Eppes, PLLC, we are a criminal defense law firm who can help to build your case. It may be necessary to have a lawyer on your side in order to create a criminal defense in the event that someone is suing you because of the injuries (or death) that you have caused. Call today to have your case reviewed.
