What Is the Stand Your Ground Law in Texas?

 Posted on December 20, 2025 in Practical Advice

Most Texans have heard of Stand Your Ground. They’ve seen the news stories, heard the debates, maybe even argued about it at a barbecue. But when it actually matters, when someone is facing criminal charges after defending themselves, the details become critical.

 Texas's Stand Your Ground law determines whether you had the legal right to use force, including deadly force, in a specific situation. Getting it wrong doesn't just mean losing an argument. It means potentially facing years in prison for what you believed was lawful self-defense. If you've been charged after defending yourself or your property, our Montgomery County criminal defense lawyers can evaluate whether Stand Your Ground protections apply to your case.

What Does Stand Your Ground Mean Under Texas Law?

Texas doesn't actually use the phrase "Stand Your Ground" anywhere in its laws. The concept comes from self-defense statutes that remove the duty to retreat in certain situations. Put simply, you're not legally required to run away before defending yourself. However, this only applies if you had a right to be where you were, and you didn't provoke the situation.

When Does Texas Allow You to Use Force in Self-Defense?

Texas Penal Code § 9.31 explains when someone may use force to protect themselves. It may be justified when you reasonably believe it's immediately necessary to defend against another person's use or attempted use of unlawful force. The word "reasonable" is key here. It refers to what an ordinary person in your shoes would have believed under the same circumstances.

When Is Deadly Force Allowed Under Texas Law?

Deadly force carries a much higher legal bar. Texas Penal Code § 9.32 permits it only in specific, serious situations. For example, it is reasonable if you were defending yourself from murder, sexual assault, robbery, or aggravated robbery.

 You may also be justified in using deadly force if you reasonably believe it's immediately necessary to prevent serious bodily harm. But even in those circumstances, every detail will be scrutinized by investigators and prosecutors.

Situations Where Stand Your Ground Does Not Apply

Stand Your Ground protections have limits. Self-defense may not apply in situations such as:

• The situation may have developed in a way that made your actions appear to contribute to the conflict.
• You may have been involved in conduct that affected how the law applies to the situation.
• The level of force used may be viewed as exceeding what the circumstances required.
• The perceived danger may have changed before force was used.

 Talking to an experienced attorney is the first step in determining whether you have a strong case for self-defense.

How Law Enforcement and Prosecutors Review These Cases

Self-defense cases get serious scrutiny from law enforcement. Police will dig into witness statements, video footage, physical evidence, and any prior history between you and the other person involved. Prosecutors will question whether your belief that you were in danger. They'll also evaluate whether deadly force was necessary or if you crossed the line into excessive force, given the circumstances.

 These cases can be unpredictable. So much depends on judgment calls. How the facts are presented and interpreted can make all the difference in whether you're cleared or charged.

What Happens If You Are Charged After a Self-Defense Incident?

Being charged does not mean you're guilty. It simply means the State believes it has enough evidence to pursue the case. Under Texas Penal Code § 9.02, self-defense is considered a legal justification, not automatic immunity. That means you may still need to prove your case in court, even when you acted in self-defense.

 This is where having an attorney becomes critical. A lawyer can examine the evidence, challenge the prosecution's narrative, and build a strong self-defense argument on your behalf.

Schedule a Free Consultation with a Conroe, TX Criminal Defense Attorney

At Pullan & Young, we are focused on providing clear guidance and strong defense when the stakes are high. With experience on both sides of the courtroom, including time spent as prosecutors, our team understands how self-defense cases are evaluated and charged. We use that insight to protect your rights and challenge the State’s case at every stage. Call 936-647-1540 to schedule your free consultation with experienced Montgomery County, TX criminal defense lawyers today.