Ask a Lawyer - Archive

Can I be sued if I use lethal force to defend my home?

You raise a common question. Texas law contains a provision which aims to limit a person's civil liability for personal injury or death claims pertaining to a person defending their home, car, place of business or workplace. This law is commonly known as the Castle Doctrine law. In short, a person is justified in using deadly force in self defense if that person believes it is immediately necessary.

Whether the actor believes that his or her use of force was immediately necessary depends on certain factors, such as whether a crime was taking place (such as breaking into a persons home, robbery, aggravated sexual assault, and others). The bar to civil immunity is triggered if a person is justified in the use of self defense under the law.

Thus, the Texas Castle Doctrine aims to shield law-abiding citizens from both criminal and civil culpability. The law also requires that the self defender may not be committing a serious crime while using deadly force. The Castle Doctrine removes a would-be defender's responsibility to attempt to flee the situation. However, it is probably wise to try and prevent a break-in or other crime from happening in the first place. Installing an alarm system, getting to know your neighbors, and avoiding risky situations will go a long way to decreasing the likelihood that you will ever have to use deadly force in self defense.