Movies, TV shows, and informal advice from friends can leave you with dangerous misconceptions about Texas self-defense law. These misunderstandings don’t just make for good drama – they could land you in serious legal trouble if you act on them.

Let’s separate fact from fiction on some of the most common beliefs about self-defense in Texas based on Sec. 9 of the Texas Penal Code.

Myth #1: “Warning Shots Are a Safe Legal Option”

Many people believe firing a warning shot is a good way to deter an attacker. However, under Texas law, firing a warning shot might be considered deadly force since it involves using a firearm in a manner capable of causing death or serious bodily injury.

This means warning shots could result in criminal charges and civil liability unless you meet the legal requirements for using deadly force in that situation.

Myth #2: “Stand Your Ground Means You Can Use Force Whenever You Feel Threatened”

While Texas is a “stand your ground” state, this doesn’t mean you can use force anytime you feel threatened. The threat must be reasonable and immediate, and your response must be proportional. However, the law adds the following: “If deadly force is so justified, there is no duty to retreat before using it.”

Myth #3: “You Can Use Deadly Force to Protect Any Property”

Although Texas provides broader property defense rights than many states, you can’t use deadly force just because someone is stealing your property. Specific conditions must be met, particularly for nighttime theft or burglary.

Myth #4: “Showing a Weapon Always Counts as Deadly Force”

Texas law recognizes that sometimes showing force can prevent the need to use it. If you would be justified in using force, you’re also justified in threatening to use it.

This includes displaying a weapon to create apprehension that you’ll use it if necessary. Importantly, merely showing a weapon to deter an attack isn’t automatically considered deadly force, even if the weapon could cause death.

Myth #5: “Any Security Device Is Legal If It’s Protecting Your Property”

If you’re legally justified in using force to protect property, you can also use security devices. However, the device must not be designed to cause, or create a substantial risk of causing, death or serious bodily injury. The device’s use must be reasonable under the circumstances as you believed them to be when installing it.

Myth #6: “You Can’t Legally Detain Someone Even If They’re Threatening You”

In situations where force is legally justified, you may also temporarily confine someone (like locking them in a room). However, you must take reasonable measures to end the confinement as soon as you can safely do so, unless the person has been arrested for an offense.

Two Critical Legal Realities Many People Miss

Two crucial legal points often overlooked:

1. Innocent Bystanders: Even if your use of force is justified against an attacker, if you recklessly injure or kill an innocent bystander, you can still be prosecuted for that injury. Self-defense doesn’t protect against reckless harm to others.
2. Civil Lawsuits: Even if your use of force is completely justified under criminal law and you face no criminal charges, you can still be sued in civil court. Criminal justification doesn’t protect against civil lawsuits for damages.

Don’t Risk Your Freedom Based on Misconceptions

If you’re facing legal issues related to self-defense in Tarrant County, these complex legal realities make it crucial to have experienced legal representation. The criminal defense attorneys at Norris Legal Group understand these nuances and have extensive experience defending clients in self-defense cases.

Contact us today for a free consultation to understand your rights and options under Texas law. Let us help ensure your actions are properly understood within the full context of Texas self-defense law. Call [phone number] to schedule your confidential consultation.