July 17, 2025

Texas Law: Defending Your Property with Force

Texas Property Defense: When Can You Use Force (and Deadly Force)?

While Texas law offers robust protections for self-defense, the similar-but-different rules apply when it comes to defending your property. Just as with self-defense, I emphasize that the safest course of action is often to avoid confrontation and never to seek out or intentionally place oneself in a position where the use of force or deadly force may be required unless absolutely necessary to protect property.

Texas Penal Code Chapter 9 details the circumstances under which an individual may use force or deadly force to protect their property.

Use of Force to Protect Property:

You are generally justified in using force, but not deadly force, when you reasonably believe the force is immediately necessary to prevent or terminate another's trespass on your land or unlawful interference with your property. This might involve physically removing someone from your property or preventing theft.

Use of Deadly Force to Protect Property:

The use of deadly force to protect property is more limited. It is justified only in specific, limited circumstances. You may use deadly force if you would be permitted to use force, as set out above, AND reasonably believe the deadly force is immediately necessary to:

• Prevent the other's imminent commission of certain serious crimes like arson, burglary, robbery, or theft during the nighttime.

• Prevent the other who is fleeing immediately after committing one of these crimes from escaping with the property.

Crucially, in addition to one of the above conditions, you must also reasonably believe that the property cannot be protected or recovered by any other means, or that the use of force other than deadly force would expose you or another to a substantial risk of death or serious bodily injury. This is a very high bar to meet. The law does not condone the use of deadly force merely to protect property if other, less drastic measures are available.

Understanding these distinctions is critical. Misinterpreting the law can lead to severe criminal penalties. If you are in Rockwall, Hunt, Dallas, or Kaufman County, or anywhere in Texas, and are facing legal issues related to the defense of your property, don't navigate the complexities alone. Hire a qualified criminal defense attorney to ensure your rights are protected, and your side of the story is heard.

In Need of Legal Guidance?

If you are confronting charges related to the use of force or deadly force in defense of property, or if you believe your past legal representation was inadequate in addressing this issue, contact Larman Law today to explore your options, whether that be a trial, appeal, or a writ of habeas corpus. 

For More information on the services Larman Law offers, visit the Practice Areas page 

Click here to read the companion post on the use of self defense

Want To Learn More? Visit the Updates page for the latest posts from Larman Law in Heath, Texas, or click below for more information about aspects of Texas law:

Disclaimer: The blog posts on this website are intended for informational purposes only and do not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and strives to timely update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this post does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.