When faced with a threat, the body’s instinct is to flee or fight. Though no one anticipates being in a situation in which their life or the lives of others are at risk, it can happen. If you’ve had to use force to subdue a threat to your life, the last thing you expect is to face criminal charges for doing so. Unfortunately, this can happen. If this reflects your circumstances, it’s in your best interest to keep reading to learn how Stand Your Ground works and why connecting with Houston criminal defense attorneys is critical to fighting for justice.
What Is Stand Your Ground?
In some states, when faced with a threat, you may have a duty to retreat. This means you are obligated to attempt to flee from the danger, and if you cannot, you can then use force if necessary. However, in Texas, this duty to retreat is eliminated. Instead, you have the right to remain and take a stand against the threat.
It’s important to understand that Stand Your Ground has limitations. In general, force can only be used if it is considered a reasonable threat. Typically, you cannot claim self-defense if you were the individual who started the altercation or if the threat was only to property and not yourself or others. However, deadly force can be used when absolutely necessary to prevent a violent offense like murder or sexual assault from happening.
Is This a Valid Legal Defense in Texas?
If you have had to use force when faced with a threat, it may not immediately be clear who is to blame in these circumstances. As such, it’s imperative to connect with an attorney immediately. Not only can your lawyer help gather information and evidence to show that the force you used was reasonable given the circumstances that led up to the offense, but they can also help protect your rights in court. In general, you’ll find that many criminal defendants are unaware of their rights, like the fact that they do not have to speak with the police to prevent self-incrimination. As such, working with an attorney can help ensure you do not do anything that can harm the outcome of your case.
Facing criminal charges for using the doctrines in place to protect you can be incredibly overwhelming. That’s why working with an experienced criminal defense attorney is critical. At the Gonzalez Law Group, our dedicated team will do everything possible to assist you during these difficult times. We can explore all avenues to help fight to prove that you were protecting yourself or others from imminent dangers. When you need help, our team is ready. Contact us today to learn more about your legal options.
