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The violence of stand your ground

On Behalf of | Nov 4, 2021 | Criminal Defense

“Stand your ground” laws in Texas are a controversial element of gun regulation. They provide gun owners with more opportunities to legally shoot other people, including at times where the situation did not need to lead to violence. Their legal shields for users of guns makes them lightning rod for gun debates.

Stand your ground and controversy

The usage of violence for self-defense is not particularly controversial in itself. It allows people to protect themselves and others, including with guns and requires that they justify their choice under the law. Stand your ground laws expand self-defense to allow for pre-emptive action. In other words, the shooter can use a gun even if the other person has not attacked them or done anything overtly threatening yet. In some cases, the shooter can start an altercation or argument, and then shoot the other person because they feel threatened.

This has led to some controversial outcomes because they do not jibe with the traditional understanding of self-defense situations. The criminal defense strategy can include broad arguments about how the shooting was valid and that it applied to the case. Although it is still the law of the land, it faces occasional protests and backlash when shooting cases produce counterintuitive outcomes as a result of the protections that it provides to the shooter.

It is not always easy to square a case with the mainstream expectation of self-defense. Make sure to understand the details of how this defense strategy works and what provisions of the law might apply to different cases and situations.