What You Should Know About The Texas Castle Law
What You Should Know About The Texas Castle Law or Castle Doctrine
Ever heard of a castle law or perhaps a castle doctrine? If not, you are fortunate because this article delves a bit into the intricacies of the concept. The Institutes of the Laws of England in the year 1628 said and I quote, “For a man`s house is his castle, et domus sua cuique est tutissimum refugium [and each man`s home is his safest refuge].” The above quote became the backbone for the various facets of the castle law and could be interpreted to mean the granting of sovereign power to every man or woman within their legal spaces or castles. Though not exactly a clear-cut set of laws, the castle laws refer to applicable but steady principles that are employed in real life scenarios involving self-defense. Yes, just as occupants of a castle go to any length to protect their castle from invaders these principles are those that allow any legal occupant of a given space (could be a home) to apply lethal force when confronted by threatening invaders. The fourth amendment to the United States Constitution also share the same sentiments as the original principles. To be clear, the castle law is a form of protection for persons charged with criminal homicide; NOT A CONDITION FOR MURDER. Based on the state, castle law is incorporated by various methods into their laws. Some conditions are necessary before a case could be ruled as self-defense, a few are:Click Here To View Texas Penal Code CH. 9 Subchapter C – Texas “Protection of Persons” Click Here To View Texas Penal Code CH. 9 Subchapter D – Texas “Protection of Property”
- The legal occupants must believe that their lives are being threatened by the invaders.
- The occupants must not apply such deadly force against a lawful officer of the state.
- The invader must have made or is making an unlawful attempt to gain entrance.
- Unlawful and forceful entry into the space (as provided by the law to include home, vehicle, and office) of the lawful occupant.
- Another situation is when the invader attempts to expel you from your lawful space.
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