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Thursday, May 24, 2012

Using Common Sense When Standing Your Ground

There has been a lot of speculation concerning the "Stand Your Ground" law in different states. Brought to the attention of the American people after the Trayvon Martin shooting, a lot of people are wondering what constitutes "Self Defense". There have been polls and articles written, giving the American people more to think about. We all agree that if necessary, protect your family and property at all costs. But what about when you're out in public?

Florida, one of the first states to pass a shoot-first law, allows their residents to meet force with force...deadly force, if the person "feels" it is necessary. Texas established its law allowing an individual to defend their habitat in 1995, then extended that right to the individuals vehicle and work place in 2007. But it also states that that individual has their right only if they had the right to present where deadly force was used, did not provoke the person which force was used upon, and if they were not engaged in criminal activity at the time. Likely? Yes. But what about the use of common sense for those who have the tendacy to take their "rights" too far?

Here are some facts and tips concerning the "Stand Your Ground" law in Texas that you should know:

  • In 1995, Texas established its law allowing an individual to defend their habitat (House Bill 94)
  • The "Stand Your Ground" law was extended to an individuals vehicle and work place in 2007 (Senate Bill 378)
  • Senate Bill 378 also "abolishes the duty to retreat if the defendant can be shown he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used."
  • There are 19 states, including Texas, who passed "Stand Your Ground" laws
  • For those 19 states, crime rates fell by 14.5 percent
  • The other 31 states who have not passed a law also have seen reduced crime rates by 10.95 percent 
  • It is advised to use common sense when exercising your right to "Stand Your Ground"; don't go looking for trouble!
If you are ever in a situation where you need to know your rights or need legal representation for criminal charges, please contact The Law Office Of T. Christopher Lewis. We know the law and we can help!

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