Home invasion leading to shooting prompts look into Texas’ castle law

The alleged home invasion shooting in northeast El Paso is a reminder of the castle law.

The Texas law is meant to protect property owners from facing legal troubles if they use deadly force against anyone posing a threat.

Many, especially gun owners know about the castle law but the recent incident that left one man shot is a good time revisit the law and how it works.

According to the U.S. Department of Justice a little more than one million home invasions occur each year.

“We live in a state that is very friendly toward defending ourselves. We are Texans, we take a lot of pride in that,” said attorney Justin B. Underwood.

Underwood explains the Texas castle law.

“The castle doctrine in Texas permits residents, authorizes Texas residents to use deadly force in certain circumstances,” Underwood said.

So what are the specifics when it comes to using deadly force when someone is on your property?

“If they are trying to commit or committing the offenses of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery or burglary at night time, or just plain theft at nighttime, it’s in the statute. You are authorized to use deadly force in Texas to protect yourself,” Underwood said.

Underwood told ABC-7 the law also specifically protects property owners at night.

“When the shroud of darkness falls over our town and it’s nighttime, now you are authorized by law to respond with deadly force even if someone is attempting a theft against you or attempting to burglarize you,” Underwood said.

So what if a person comes onto your property without a weapon or something less lethal like a rock?

Underwood says it’s all about the intent of the suspect.

“If I pick up a rock this size and I hit you in the head with it could I kill you? Could I cause serious bodily injury? So they key is if I can cause serious bodily injury to you or if I can kill you. I don’t have to do it but if the potential is there, if I come at you and threaten you with a rock like this and you really believe that I’m going to hit you in the head with this, you have the right to use deadly force to defend yourself,” Underwood said.

Underwood also said if you have to use deadly force make sure you call the police immediately and make sure and put down the weapon you used before police arrive.