Using Texas’s Stand Your Ground Law in Criminal Defense

 Posted on January 06, 2026 in Criminal Defense

As of 2026, Texas still recognizes Stand Your Ground as a lawful self-defense principle. It allows you to defend yourself when you reasonably believe force is immediately necessary to stop an unlawful threat. That protection exists even if the situation later leads to criminal charges. However, asserting you were acting in self-defense is rarely simple.

Texas Department of Public Safety crime data released in 2025 shows that aggravated assault remains one of the most frequently reported violent offenses tried under criminal law. And self-defense claims often arise from these fast-moving, highly charged encounters. Building a defense to fight the allegations can be complicated and requires you to understand the complex laws that govern them.

If you are facing assault or violent crime charges, a San Antonio, TX criminal defense lawyer can help determine whether Stand Your Ground applies to your case and how it should be raised.

How Does Texas Law Define Self-Defense?

Texas self-defense law, under Texas Penal Code § 9.31, is based on the idea that people have the right to protect themselves from unlawful force. The law focuses on whether your actions were reasonable under the circumstances you faced at that moment. This analysis does not happen in hindsight. It looks at what you knew, saw, and experienced when the incident occurred.

Texas law distinguishes between using force and using deadly force. Force may be justified to stop unlawful contact or threats. Deadly force is treated more carefully and is allowed only in limited situations involving serious danger, such as threats of death or severe bodily harm.

Self-defense is not about retaliation or punishment. It is about stopping an immediate threat.

What Does "Stand Your Ground" Mean in Texas?

Stand Your Ground means you are not legally required to retreat before defending yourself if you are in a place where you have a right to be. Texas does not impose a duty to flee or back away when you are lawfully present and faced with an immediate threat.

This protection applies only if certain conditions are met. You must not be engaged in criminal activity, and you must not have provoked the encounter. When those conditions exist, Texas law allows you to stand your ground.

How Is Stand Your Ground Different From the Castle Doctrine?

Stand Your Ground is often confused with the Castle Doctrine, but they serve different purposes. The Castle Doctrine focuses on defending yourself inside specific places, such as your home, vehicle, or workplace. Texas law gives added protection in these situations under Texas Penal Code §§ 9.41 and 9.42, which allow the use of force in defense of property and occupied spaces under certain circumstances. It is based on the idea that you should feel secure in those spaces and do not need to retreat from them.

Stand Your Ground goes beyond the home. It applies in public spaces where you are legally allowed to be. This can include sidewalks, parking lots, stores, or other locations. Both doctrines may apply in the same case, but Stand Your Ground expands where self-defense protections may apply.

What Does "Reasonable Belief" Mean in a Self-Defense Case?

Reasonable belief is one of the most important concepts in Stand Your Ground cases. It does not depend solely on what you personally feel. Courts ask whether an ordinary person in your position would have believed force was necessary.

This includes looking at what the other person said or did, whether a weapon was involved or implied, the relative size or strength of those involved, and how quickly the encounter unfolded. Even if you were afraid, prosecutors may argue that your belief was not reasonable under the circumstances. Because this issue is often disputed, how the facts are presented matters.

What Factors Do Courts Look at When Evaluating Stand Your Ground Claims?

When reviewing a Stand Your Ground defense, courts and prosecutors often focus on the surrounding circumstances, not just the final moment when force was used. Common factors that are closely examined include:

• Whether you were lawfully present at the location

• Whether the other person was acting aggressively or threatening harm

• Whether weapons were visible, used, or implied

• Whether you attempted to de-escalate before force was used

• Whether your response matched the level of danger you faced

These details often shape how a case is charged and whether self-defense is accepted or challenged.

What Evidence Helps Support a Stand Your Ground Defense?

Strong evidence can significantly affect how a self-defense claim is evaluated. Helpful evidence may include:

• Surveillance or body camera footage

• Photos of the scene or injuries

• Medical records documenting wounds

• Witness statements that support your account

Preserving this evidence early is important. Delays can lead to lost footage or fading memories.

Contact Our San Antonio, TX Gun Crimes Defense Attorney

At Law Offices of Sam H. Lock, clients work directly with an experienced attorney who understands how these cases are prosecuted. Attorney Lock began his career in civil litigation and brings more than 20 years of experience to criminal defense work. Call us at 210-226-0965 to schedule a consultation with a San Antonio, TX criminal defense lawyer today.