Defense Attorney Nico LaHood provides an explanation of when it is permissible to use deadly force in Texas.
A San Antonio homeowner was working on his car in his front yard on a Saturday morning when he noticed a woman walking into his yard.
The man informed the police that he had suspicions about the woman being a burglar or thief and asked her to leave. However, when she did not comply, he resorted to pulling out a gun. As the woman continued to approach the homeowner, who still had his gun in hand, he fired a shot.
The woman was taken to the hospital in critical condition, and the man was arrested by the SAPD on charges of aggravated assault with a deadly weapon.
In our conversation with attorney Nico LaHood from the LaHood Norton Law Group, we sought clarification on the circumstances under which a homeowner is permitted to employ lethal force when confronted by an intruder.
Your home is a place where you feel safe and secure, where you can relax and be yourself. It’s a sanctuary, your very own castle. But when it comes to your yard, it’s a different story. You don’t have the same level of control and protection. It’s more like a shared space, open to the outside world. So, while you can create a beautiful and inviting outdoor space, it’s important to keep in mind that it’s not entirely yours to control.
Your home is your castle. Your yard is not.
This Article Includes
The Texas Penal Code (Section 9.32) states that if someone unlawfully and forcefully enters or attempts to enter your occupied habitation, vehicle, or place of business or employment, you are justified in using deadly force against them.
In Texas, the law grants individuals the right to use deadly force in certain scenarios. According to Defense Attorney Nico LaHood, if someone invades your home, vehicle, or place of work, you have the legal authority to shoot them. Although Texas does not have a specific law named “the castle doctrine,” the underlying principle remains intact.
LaHood stated that if someone attempts to burglarize your home, you have the right to defend yourself using lethal force.
In contrast, when it comes to a person’s property surrounding their residence, particularly their front or backyard, it is not considered their “dwelling.” As a result, the regulations regarding the use of force in one’s yard or the property outside their home vary.
According to LaHood, if someone trespasses in your yard, you are permitted to use non-deadly force to stop them. However, the use of deadly force is only justified under specific circumstances.
LaHood emphasized the importance of analyzing the presence of apparent danger and its immediacy when evaluating the use of force, particularly deadly force, in cases of criminal trespass. He stated, “It is crucial to consider these three factors in determining whether the use of deadly force is justified.” LaHood also made it clear that the mere act of criminal trespass does not automatically grant individuals the right to employ deadly force.
Using Deadly Force Outside Your Home
When it comes to using deadly force outside of your home, it’s important to understand the legal implications and the circumstances in which it may be justified. While laws differ from state to state, there are some general principles to keep in mind.
First and foremost, the use of deadly force should always be a last resort. It should only be used when there is an immediate threat of serious bodily harm or death. This means that you must have a reasonable belief that you or someone else is in imminent danger.
It’s also crucial to consider whether there are any alternative methods to de-escalate the situation or retreat safely. If you can avoid using deadly force by removing yourself from the threat or using non-lethal methods of self-defense, it is generally recommended to do so.
When it comes to defending your property, the laws can be more complex. While some states allow the use of deadly force to protect your home, others require that you first attempt to retreat or use non-lethal force. It’s important to familiarize yourself with the specific laws in your state to ensure you are within your rights.
Remember, even if you are justified in using deadly force, you may still face legal consequences. It is crucial to cooperate with law enforcement and seek legal counsel if you find yourself in such a situation.
Ultimately, the decision to use deadly force outside of your home should not be taken lightly. It is a serious matter that requires careful consideration of the circumstances and the potential consequences.
Using deadly force outside your home
According to Section 9.32 of the Texas Penal Code, individuals are allowed to use deadly force in certain circumstances. This includes protecting oneself against someone else’s use or attempted use of unlawful deadly force. It also applies to situations where there is a need to prevent the imminent commission of serious crimes such as aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
According to LaHood, if someone is in their yard, they would need to be faced with clear and immediate danger before resorting to the use of deadly force.
When it comes to the concept of “apparent,” individuals are granted a certain degree of flexibility. Those who resort to using force must have a reasonable belief that they are facing immediate danger. For instance, if someone is in their own yard and an intimidating individual abruptly emerges from a vehicle and proceeds to sprint directly towards them, it is entirely plausible for that person to argue that they perceived an imminent threat.
The presence of a weapon can also validate the perception of danger. In a situation where a person is confronted by an angry neighbor without any signs of aggression or a weapon, there would be no basis to claim apparent danger. However, if the neighbor were to suddenly brandish a gun, the dynamics of the situation would significantly shift.
LaHood expressed his concern about the potential danger he faces when someone enters his property and brandishes a firearm. He emphasized that a single factor, such as the presence of a weapon, has the power to completely alter the situation.
However, it is important to note that a homeowner cannot claim “apparent” danger if a trespasser is engaged in a non-violent crime. For example, if an individual enters someone’s property and attempts to steal a motorcycle, the homeowner in the yard is not in immediate apparent danger. Therefore, they would not be justified in shooting the thief or using deadly force.
According to LaHood, in order to utilize lethal force, one must genuinely believe that they are facing an imminent physical threat.
Nighttime has a significant impact.
Nighttime makes a difference
During the night, the utilization of deadly force presents an additional dimension, enabling its application in circumstances that may not be permissible in daylight hours.
In accordance with Section 9.42 of the Texas Penal Code, an individual is authorized to employ lethal force against another person in order to safeguard their property or land. This right is applicable if the individual would also be justified in using force against the other person under Section 9.41. Moreover, the use of deadly force is deemed necessary and reasonable when the individual reasonably believes that it is essential to prevent the imminent occurrence of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
Using deadly force against someone stealing something off your property during the day is not justified. However, the situation changes when it comes to nighttime. In such cases, a person would have a stronger defense in using deadly force.
According to LaHood, it is difficult to determine the actions or intentions of individuals at nighttime. He emphasizes the importance of visibility in self-defense scenarios, stating that individuals should have the right to protect their property from criminal acts. The statute allows for the use of deadly force to defend one’s property when it is being destroyed during nighttime.
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