Defense Attorney Nico LaHood provides a clear explanation of when it is permissible to use deadly force in Texas. He breaks down the law and outlines the circumstances under which individuals can legally employ such force.
On a Saturday morning, while working on his car in the yard, a homeowner in San Antonio witnessed a woman strolling into his front yard.
The woman was rushed to the hospital in a critical condition, while the man was apprehended by SAPD on charges of aggravated assault with a deadly weapon.
KENS 5 interviewed attorney Nico LaHood from the LaHood Norton Law Group to determine the circumstances under which homeowners are permitted to use lethal force when confronted by an intruder.
Your home is a place where you can feel safe and secure, a sanctuary where you can relax and unwind. However, when it comes to your yard, it’s important to remember that it’s not an extension of your home. While you may have complete control over the interior of your house, your yard is a shared space that can have an impact on your neighbors and the environment. It’s important to be mindful of how you use and maintain your yard to ensure that it remains a pleasant and welcoming space for everyone.
Your home is your castle. Your yard is not.
According to the Texas Penal Code (Section 9.32), if someone unlawfully and forcefully enters or attempts to enter your occupied habitation, vehicle, or place of business or employment, you have the right to use deadly force to defend yourself.
In Texas, the law allows individuals to use lethal force if someone invades their home, vehicle, or workplace. According to Defense Attorney Nico LaHood, although Texas does not have an official statute known as “the castle doctrine,” the underlying principle remains in effect.
LaHood stated that if someone attempts to break into your home, you are authorized to use lethal force to prevent it.
In contrast, it’s important to note that the area surrounding someone’s residence, typically their front or back yard, is not considered their “dwelling.” Consequently, the regulations regarding the use of force in one’s yard or the property adjacent to their home differ.
According to LaHood, it is permissible to employ non-lethal force to halt a trespass in one’s yard. However, the use of deadly force is only justified under specific circumstances.
According to LaHood, it is crucial to consider three factors when evaluating the use of force, particularly deadly force, in a situation involving criminal trespass: the presence of a reasonable belief in apparent danger, the immediacy of the threat, and the overall analysis of the circumstances. LaHood emphasizes that the mere act of criminal trespass does not automatically justify the use of deadly force.
When is it appropriate to use deadly force outside your home?
Using deadly force outside of your home is a serious matter that should not be taken lightly. It is important to have a clear understanding of the circumstances in which it may be appropriate to use such force.
According to self-defense laws, you may use deadly force if you believe that it is necessary to protect yourself or others from imminent bodily harm or death. However, it is crucial to remember that this should be a last resort.
It is important to note that the laws regarding the use of deadly force may vary from state to state and country to country. Therefore, it is essential to familiarize yourself with the specific laws in your jurisdiction.
Seeking professional advice from a lawyer who specializes in self-defense law is highly recommended if you find yourself in a situation where you believe deadly force may be necessary. They can provide you with the guidance and knowledge to navigate the legal system effectively.
Remember, the decision to use deadly force should never be taken lightly. It is important to prioritize your safety and the safety of others while also being aware of the legal implications surrounding such actions.
Using deadly force outside your home
According to Section 9.32 of the Texas Penal Code, individuals have the right to use deadly force when defending themselves against another person’s unlawful use or attempted use of deadly force. This also applies when preventing someone from committing serious crimes such as aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
According to LaHood, using deadly force in one’s yard is only justified if there is an evident and immediate threat to one’s safety.
When it comes to the concept of “apparent,” individuals are granted a certain degree of flexibility. In order for the use of force to be justified, there must be a genuine belief that immediate danger is imminent. For instance, if someone is standing in their own yard and suddenly an intimidating figure emerges from a vehicle and starts sprinting towards them, it would be reasonable for that person to claim that they perceived a threat.
The presence of a weapon can also validate the perception of danger. When a person is faced with an angry neighbor without any signs of aggression or a weapon, they wouldn’t be able to argue that there is apparent danger. However, if the neighbor suddenly reveals a gun, the situation would take a different turn.
LaHood emphasized the potential danger he could face if someone were to enter his property and brandish a firearm. He stressed that the circumstances could quickly escalate due to a single factor.
If someone trespasses onto a person’s property and starts stealing a motorcycle, the homeowner in the yard cannot claim “apparent” danger. Even though the thief is committing a non-violent crime, the homeowner is still not in immediate and obvious danger, which means they would not be justified in shooting the thief or using deadly force.
According to LaHood, in order to employ lethal force, one must genuinely perceive themselves to be in imminent physical peril.
Nighttime has a significant impact.
Nighttime makes a difference
During the nighttime, the utilization of lethal force takes on a different dynamic, enabling its application in scenarios that would otherwise be prohibited during daylight hours.
Under Texas Penal Code Section 9.42, an individual is permitted to employ lethal force against another person in order to safeguard their land or tangible, movable property.
This is applicable if the person would be justified in using force against the other under Section 9.41, and if they reasonably believe that the use of deadly force is immediately necessary to prevent the other person from committing 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, the use of deadly force for defense becomes more justifiable and provides a stronger legal defense.
According to LaHood, it is difficult to determine the actions or intentions of individuals during nighttime. He emphasizes the importance of having clear vision in self-defense situations.
With this in mind, the law grants individuals greater rights to protect their property from acts of criminal mischief. LaHood explains that if someone is causing damage to your property during nighttime, the statute allows for the use of deadly force to defend it.