What Is the Castle Doctrine and Does It Apply in Texas?

If someone trespasses into your home, regardless of the circumstances, is it your right to protect yourself by any means necessary? The Castle Doctrine is a long standing legal concept that gets to the heart of this question. It provides individuals with the right to self-protection, protection of others, and protection of property – generally homes and land, but it may also cover other property such as vehicles. Laws regarding what is considered protected under the Castle Doctrine vary from state to state.

It is important to note that the Castle Doctrine is not a statute written into the Texas Penal Code. Rather, it is a set of laws that generally covers the concept of the doctrine in our state. The doctrine originated from the idea that each property owner is the king or queen of his or her castle. A monarch never has to ask permission or flee from the castle during an intrusion an attack.

What Does the Law Actually Say?

Under Texas Law, Penal Code §9.31 (self-defense) and §9.32 (defense of another), reasonable and legal justification is given for using force (even deadly force) in the protection of a home, vehicle, or other property if someone attempts to forcibly enter or remove an individual from the premises. There are two caveats to the Castle Doctrine in Texas. If a property owner provokes an individual and that leads to violence or if the property owner is taking part in any criminal activity, the owner is not protected.

Under section §9.42, the property owner is further protected if he or she uses deadly force to prevent criminal activity. If you do so, you may need to prove deadly force was necessary during the encounter. For instance, if you find an intruder stealing your grandmother’s prized jewelry, you can legally use deadly force. Most of the time, the state will presume that your actions were reasonable if a.) Someone was trying to forcibly enter your property, b.) Someone was trying to forcibly remove another from your property, or c.) Someone was engaged in an illegal activity in or on your property.

Does the Law Extend to My Hunting Property, Barn, or Garage?

The law does have limitations with regards to protected property under the Castle Doctrine. In the Penal Code, your habitation only includes structures in which you sleep or structures attached to the main building where you sleep. If you catch an intruder on your hunting property, a different set of laws may apply to your situation, but the laws of the Castle Doctrine do not cover that situation.

Barns, sheds, and detached garages are also not covered. However, if your garage is attached or the incident takes place on an attached porch, the area would be considered part of your habitation. Regarding vehicles, any vehicle routinely used for transportation, including planes, trucks, cars, golf carts, and ATVs, is considered your property and covered by the law if you face an intruder.

Does This Mean I Can Shoot Any Trespassers on My Property?

Although you do have the freedom to reasonably protect your property, you cannot shoot or use deadly force at will. If someone is only trespassing, you can use force to prevent the activity or stop it, but you cannot kill someone or try to kill someone who is just trespassing (Code section §9.41).

Talk to an Attorney for More Information

As a general rule, the best approach is to only use deadly force if you truly believe you have no other option available to protect yourself, your home, and others. For more information about how the Castle Doctrine affects you as someone who has been injured on a property, contact the Houston personal injury attorneys at Gordon, Elias & Seely LLP.