Using "Stand Your Ground" a Defense to Gun Charges in Texas

 Posted on September 30, 2025 in Criminal Defense

Texas is known to have strong self-defense protections, especially when firearms are involved. If you are facing a gun-related charge, Texas’s "Stand Your Ground" and "Castle Doctrine" laws may affect your case. These rules are often misunderstood, but when applied correctly, they can sometimes provide a powerful defense. A Plano, TX weapons charge defense lawyer at The Crowder Law Firm, P.C. can explain how these laws work, when they apply, and how they may be used in your case.

What Is Texas’s "Stand Your Ground" Law?

In the past, Texas law required people to retreat, if possible, before using deadly force. That changed in 2007 when the state expanded self-defense rights. Under Texas Penal Code § 9.32, you do not have to retreat if you are in a place you are allowed to be, as long as you did not start the fight and were not committing a crime. If you reasonably believe deadly force is needed to protect yourself from death, serious injury, or certain violent crimes, you may stand your ground.

What Is the Castle Doctrine in Texas?

Texas law also gives extra protections when you defend your home, car, or workplace. This is known as the "Castle Doctrine." Under § 9.31 and § 9.32, the law assumes you are reasonable in using deadly force if someone breaks into your house, car, or workplace. The same applies if someone tries to remove you or another person from one of these places. In simple terms, if an intruder forces their way in or attempts a carjacking, the law presumes you were justified in defending yourself.

Limits on Using Deadly Force in Texas

Even with strong protections, the use of deadly force in Texas is not unlimited. The belief that force is needed must be reasonable, based on what an average person would think in the same situation. If the danger ends or the other person runs away, using deadly force is no longer justified.

Texas law also makes clear that deadly force is allowed only in specific circumstances. For example, Texas Penal Code § 9.42 allows someone to use deadly force to stop certain crimes like burglary, robbery, or aggravated kidnapping. However, this is only the case when lesser force would not be enough.

Common Gun Crimes Where "Stand Your Ground" May Be Raised

Self-defense can be raised in many firearm cases, including:

• Aggravated assault with a deadly weapon: When someone is charged with pointing or firing a gun during a dispute, a self-defense claim may be available if the evidence shows the weapon was used to prevent serious harm.

• Deadly conduct: If the prosecution argues reckless use of a firearm, self-defense can be a solid defense.

• Unlawful discharge of a firearm: Shooting within certain city limits, even a so-called "warning shot," can result in charges unless clearly justified by self-defense.

• Manslaughter or murder: In cases where a shooting leads to death, there are many situations where the Stand Your Ground or Castle Doctrine defense applies.

Schedule a Free Consultation With a Collin County, TX Weapons Charge Defense Lawyer

At The Crowder Law Firm, P.C., our Plano, TX weapons charge defense lawyers have been defending clients across North Texas for more than two decades. Over that time, we have earned a reputation for aggressive courtroom advocacy and have achieved hundreds of not-guilty verdicts and acquittals for those we represent. We understand the high stakes in gun and weapons-related cases, and we are committed to building the strongest defense possible on your behalf. Call us today at 214-544-0061 to schedule a free consultation and learn how we can help.