DEFEND YOUR CASTLE INFO CODE

Many people think that the law allows you to use deadly force against a mere trespasser. Make sure that you do not fall victim to the common misconception that the Castle Doctrine gives you carte blanche to use deadly force merely because someone is on your property. What About People Who are Only Trespassers?

DEFEND YOUR CASTLE INFO CODE

The important point to remember is that you or someone else must be occupying the vehicle to be given the presumption of reasonableness under Texas Penal Code §9.31 and §9.32. Turning to the subject of vehicles, Texas Penal Code §30.01 defines a vehicle 'as any device, in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.' This is a very broad definition and appears to include anything that carries people or property from one place to another, including cars, trucks, boats, airplanes, golf carts, etc. Yes, this slight distinction in architectural design can affect your legal rights. However, if your garage, front or back porch is connected to the structure containing your sleeping quarters (as exists in many suburban communities), it is considered part of your habitation as defined by the Texas Penal Code. For example, Texas law does not consider your detached garage, shed, and/or barn part of your habitation. The legal term 'habitation' is defined by Texas Penal Code §30.01 as 'a structure or vehicle adapted for the overnight accommodation of persons and includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle.' This means structures that are detached from where you sleep at night are not considered to be your habitation. The 'Castle Doctrine' does not cover your entire piece of property. With regard to using force or deadly force to defend your 'castle,' the Texas Penal Code specifically uses the word 'habitation,' not the words 'building' or 'property.' Texas has a very limited definition of what qualifies as a person's habitation. Overcoming this presumption is nearly an impossible task in a court of law. Therefore, in order for you to be convicted of any crime, a prosecutor would have to overcome this presumption in order to prove that you did not act reasonably.

If you are ever confronted with either of these situations, Texas law will presume that you acted reasonably and were justified in using force or deadly force. The second situation is if an individual unlawfully and with force, removes or attempts to remove you from your occupied habitation, vehicle, or place of business or employment. What are the circumstances that will give you this important legal presumption? The first is where an individual unlawfully and with force, enters or attempts to enter your occupied habitation, vehicle or place of business or employment. Inside your 'castle,' under certain circumstances, Texas law presumes you acted reasonably and justifiably if you use force or deadly force to defend yourself against an intruder who enters your occupied habitation, vehicle, or place of business or employment. Just proving that everything is bigger in Texas, our law extends the 'Castle Doctrine' beyond your residence to include your occupied vehicle and workplace. Texas Penal Code §9.31 (governing the justified use of non-deadly force) and §9.32 (governing the justified use of deadly force) are our state's version of the Castle Doctrine. Thus, there is never a need for the monarch of the kingdom to flee the castle before using force against an unlawful intruder. The 'Castle Doctrine' is a concept that comes from the philosophy that every person is the King or Queen of their home. So what do these terms mean? Below, we explain the Texas laws that are loosely called the Castle Doctrine and Stand Your Ground. You will not find the words 'stand your ground' or 'castle' anywhere in the Texas Penal Code. However, these are not legal terms or standards when it comes to Texas law. Catchy terms like 'Stand Your Ground' and the 'Castle Doctrine' remain common topics of dinner-table discussions because the media acts very authoritative when they glibly throw around those terms.

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