Managing Attorney
In Texas, your home is your castle—and the law gives you strong rights to defend it. But the rules around self-defense, defense of others, and defense of property are more nuanced than many people realize. Understanding when you can lawfully use force—or even deadly force—inside your home can make the difference between a justified act and a serious criminal charge like assault, aggravated assault, or murder.
As a Houston criminal defense attorney and former prosecutor, attorney Jose Ceja has seen firsthand how these laws play out in real cases. Here’s a breakdown of the most important rules you need to know.
Self-Defense in Texas: The Basics
Under Texas Penal Code § 9.31, a person is justified in using force when they reasonably believe it is immediately necessary to protect themselves against another’s unlawful use or attempted use of force. The law requires that this belief be reasonable from the standpoint of the person using force.
When Deadly Force Is Justified
Texas Penal Code § 9.32 allows deadly force when:
- The person would be justified in using force under § 9.31; and
- The person reasonably believes deadly force is immediately necessary to:
- Protect themselves against another’s use or attempted use of unlawful deadly force; or
- Prevent the imminent commission of certain violent crimes such as aggravated kidnapping, murder, sexual assault, robbery, or aggravated robbery.
The Castle Doctrine and No Duty to Retreat
Texas law provides a powerful legal protection often called the “Castle Doctrine.” If someone unlawfully and with force enters (or attempts to enter) your occupied home, vehicle, or place of business, the law presumes that your use of deadly force is reasonable.
To qualify for this presumption under § 9.32(b), the following conditions must be met:
- The person against whom force is used must be unlawfully and forcibly entering or removing you from your home;
- You must not have provoked the confrontation; and
- You must not be engaged in criminal activity (except minor traffic violations).
Additionally, under § 9.32(c), there is no duty to retreat if you have a legal right to be present at the location, did not provoke the encounter, and were not committing a crime.
Defense of Others at Home
Texas Penal Code § 9.33 allows a person to use force or deadly force to protect another if:
- The actor reasonably believes that the third person would be justified in using force or deadly force to protect themselves; and
- The actor reasonably believes their intervention is immediately necessary.
This is common in family violence scenarios where one household member defends another from harm.
Defense of Property
Texas law also provides a defense for the use of force—and sometimes deadly force—to protect property. However, this area of law is more limited and often misunderstood.
Non-Deadly Force – § 9.41
You may use force to prevent or terminate someone’s unlawful interference with your tangible, movable property or land if you reasonably believe the force is immediately necessary.
Deadly Force – § 9.42
Deadly force is only justified to protect property when all of the following are true:
- You’d be justified in using non-deadly force under § 9.41;
- You reasonably believe deadly force is immediately necessary to:
- Stop the other person from committing certain crimes like arson, burglary, robbery, theft, or criminal mischief at night; or
- Prevent the other person from fleeing with the property after one of these crimes;
- You reasonably believe:
- The property could not have been protected or recovered by any other means; or
- Using non-deadly force would have placed you or someone else in danger of death or serious injury.
In short, using deadly force to protect property is allowed, but only under very specific and narrow conditions. This is a risky legal defense that often results in charges if misapplied.
Limits on Self-Defense Claims
There are several circumstances where self-defense is not legally justified:
- Verbal provocation alone: Words are not enough to justify force.
- Provocation with intent: If you started the confrontation to create a pretext for violence, you may lose the right to claim self-defense.
- Engaging in criminal activity: If you’re committing a crime (other than a Class C traffic violation) when you use force, you’re likely barred from asserting self-defense.
- Illegal weapon possession: If you unlawfully possess a weapon during the encounter, it can weaken your claim.
Who Has the Burden of Proof?
If you claim self-defense in a criminal case, you must first present some evidence to support it. Once that happens, the burden shifts to the prosecution to disprove self-defense beyond a reasonable doubt.
Importantly, you don’t have to testify in order to raise self-defense. Witnesses, bodycam footage, and the other side’s own evidence can support your claim.
Why It Matters
If you used force to defend yourself or your loved ones inside your home, you could still face serious charges—especially if the police or prosecutor believes you used too much force or acted unlawfully.
In these cases, you may be charged with:
- Assault – often when injuries occur but no deadly weapon is involved.
- Aggravated assault – usually involving a weapon or serious injury.
- Murder – if deadly force is used and prosecutors argue it wasn’t justified.
Each of these charges can carry life-altering consequences. Successfully claiming self-defense requires a deep understanding of the law, a clear presentation of the facts, and an experienced legal team.
Talk to a Houston Criminal Defense Attorney Today
At Ceja Law Firm, we defend individuals across Houston who have been charged after defending themselves or others. Whether you’re facing a charge related to an incident at your home, in your car, or on your property, we’re here to protect your rights and your freedom.
If you’ve been arrested after an act of self-defense, contact us for a consultation today.
