Can I shoot someone who cuts me off in traffic? What Texas law says about protecting property
Texas is one of several states that has “stand your ground” or self-defense laws, but what exactly does that mean?
For example, does the law give motorists on Texas highways the green light to shoot in a an act of road rage?
In another example, following a 13-mile chase with an unmarked vehicle back to his house near Haslet, a man shot another man who was later discovered to be a Texas state trooper in plainclothes. A Denton County grand jury declined to charge the man with a crime, upholding the claim that he was acting in self-defense.
About half of the states in the country have self-defense laws, along with a few that allow the use of deadly force in certain situations. In addition to self-defense laws, Texas has legislation on protecting one’s property with the use of deadly force.
While self-defense sounds explanatory, its not as clear cut. Here’s what to know about self-defense and property protection laws in Texas:
What’s considered self-defense in Texas?
Texas law states that it is self-defense when the person believes force is necessary to protect themselves against an attacker.
Under Texas Penal Code section 9.31, the person is justified to use force if they knew or had reason to believe the attacker:
- Was attempting to enter their home, vehicle or place of work.
- Was attempting to forcibly take the person from their home, vehicle or place of work.
- Was attempting to kidnap, kill, sexually assault or rob the person.
- Was not provoked in using force.
- Reacts with force after a traffic infraction.
Self-defense is not justified when:
- It’s in response to verbal provocation alone.
- You are resisting an arrest or search being conducted by law enforcement, even if you think the arrest or search unlawful.
- You agree to a fight. Texas allows for “mutual combat” as long as both parties consent to fight.
- You provoke another with physical force.
- If you bring a gun when confronting another person in an argument.
What are ‘stand your ground’ laws in Texas?
Commonly referred to as “stand your ground” laws, this refers to a provision Texans have to protect themselves against a threat.
Texas Penal Code section 9.31 allows a person to use force if threatened.
“A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force,” the law states.
For example, if someone pulled out a knife while walking towards you on your driveway, you do not have to go back into the house before confronting the person.
Instead, you can choose to “stand your ground” and use comparable force to defend yourself, according to The Law Offices of Matthew D. Sharp.
What level of force is allowed under self-defense laws?
Just because Texas allows for self-defense, the level of force allowed must not be greater than the initial attack.
For example, if an adult was punched then pulled out a gun and shot them in self-defense, the adult could be charged.
Only force reasonable at the moment and proportionate (comparable) to the initial threat, is permitted under self-defense laws, according to The Law Offices of Matthew D. Sharp.
What laws do Texans have to protect their property?
Texas has the “castle doctrine law” that gives homeowners the right to protect their properties, according to Luster Law Firm. This means that a person should not be forced to retreat from a place where they feel safe, such as a home.
Under section 9.41 of Texas Penal Code, a person who lawfully owns a piece of land or movable property is justified to use force against another when:
- The person believes force is needed to stop another from trespassing.
- Their land or property is stolen and force would be necessary to retrieve the property or land.
- Preventing arson, burglary, robbery, aggravated robbery, theft or criminal mischief.
- Preventing a bad actor from fleeing the property after committing burglary, robbery, aggravate robbery or theft.
