Criminal Defense Lawyers in Brownsville Texas

The State of Texas is one of a number of states in the U.S. that has a "stand your ground" law. It is a self-defense law that gives people the ability to protect themselves if they feel their life is in danger. Yet criminal defense lawyers warn that there is a fine line between self-defense and the use of unnecessary force.

Because of the complexity of these situations, if you are charged with the use of excessive force while trying to defend yourself, you should seek the services of experienced criminal defense attorneys to protect your interests.

What Is The Stand Your Ground Law in Texas?

The "stand your ground" law, also known as the "castle doctrine," is a self-defense law that allows a person to defend themselves or others if there is reason to believe they are in danger. In Texas, criminal defense lawyers explain this law means that individuals do not have to back down or retreat if they fear bodily harm when threatened in their home, car, or place of work.

The Texas version of the "stand your ground" law does apply beyond just your home to include threatening situations in your car or at your place of employment. Criminal defense attorneys can defend you even if deadly force was used by proving that you were threatened in any of these places and feared for your life.

When Does Stand Your Ground Apply?

According to the Texas stand your ground law, you are allowed to use force to protect yourself in your home, vehicle, or place of work if you were:

  • Rightfully present at that location.
  • Not engaged in any illegal activities.
  • Attacked without provocation.

The use of deadly force is justified if you believed it was necessary to prevent another person from using the same force against you or to prevent a violent crime such as murder, sexual assault, robbery, aggravated sexual assault, aggravated kidnapping, or aggravated robbery.

In these instances, criminal defense lawyers must be able to prove that the use of deadly force was warranted and that you were justified in your fear of bodily harm or death.

Self-Defense vs. Use of Excessive Force

Self-defense laws in the U.S. state that any person who has reasonable belief that they are in danger of injury or death can use deadly force to stop another person from attacking them. Self-defense, as defended by criminal defense attorneys in court, means a person can fight back and does not have to allow another person to attack them. Any injuries or death resulting from the use of self defense is usually not punishable. Of course, there is a gray area in the area of self-defense that many criminal defense lawyers face when defending their client's use of deadly force.

When a person uses excessive or even deadly force if their life was not actually in danger, defending their actions can be more challenging. How you judge and react to your situation will be carefully examined by the court. The stand your ground law is a defense that criminal defense attorneys may use in circumstances where a person has been attacked in one of the three locations encompassed by this law.

While the state of Texas and its stand your ground law does protect those who protect themselves, criminal defense lawyers warn that every case is different. Obvious actions of self-defense are more easily defended. If the use of deadly force is at all questionable or other protection options were available, it must be proven that the person was reasonable in fearing for his or her life. Even though the stand your ground law permits self-defense, choosing to use deadly force as a form of self-defense must show that you did not in any way provoke the attacking person. This is why it is so important to work with Texas criminal defense attorneys to help you!

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

North Brownsville
Meetings With Attorneys By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(956) 202-0067

San Benito
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite C
San Benito TX 78586
(956) 202-0067