Is minimal force legal against a tresspasser?

What is the name of your state (only U.S. law)? Texas

The other night I was at home alone drinking. I don't drink very often so I'm not real used to it. Around midnight two friends came over to play on my PS3. Shortly after that a minor girl (age: 15) came over and I asked her to leave. I asked her repeatedly to leave, but she wouldn't. Finally, I forced her out the door, but she came right back in (no lock on my door) Several move times I forced her out the door, getting more forceful each time. The next morning I find I have assault charges filed against me as she sustained several minor injuries from me forcing her out. I guess what I need to know is do I need to worry about this? Is it legal in Texas to use force to remove a tresspasser from your house? It was not my intention to cause her injury, but only to make her leave. Of course being sober now I realize that there were dozens of better ways to handle the situation, but drinking impares judgement, which is why I chose to drink at home alone in the first place.

I went to the police as soon as I found out about the charges. They said they weren't sure what would happen but that they were fimiliar with the girl as she has been in constant trouble with the law. I have never been in trouble and have no criminal record. I don't want to end up with a record or in jail.

Texas is an odd duck when it comes to force ... kinda hard for me to put a finger on it. In most other places, reasonable force can be used to defend yourself or to effect a private person's (citizen's) arrest. Such a private person's arrest requires the intent to turn the person over to the police.

So, while your actions may have been understandable, they may not have been lawful under the letter of the law. However, unless she was somehow harmed or her story is substantially different than yours, the prosecutor may not pursue this.

I suppose the next time this happens, you should call the cops.

I am completely incredulous that you have no way of securing your door, even a bolt or latch to secure yourself and property...

This ridiculous detail probably casts your entire story into doubt in any sensible persons mind.

Well, personally I think Texas' self defense law is fairly straightforward, at least as it applies to a homeowner. Take a look at penal code 9.31. You can use reasonable force if you "reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force." This is a combination of objective and subjective factors except that there are a number of instances in which this standard is presumed (meaning the state has to disprove it beyond a reasonable doubt) and one of those instances is when someone enters your home unlawfully and with force. Assuming your version of the facts are true your actions sure sound like self defense to me, but its the judge or jury that decides what the actual facts are.

Are you charged with a Class C assault or a Class A assault?

CavemanLawyer said:

"reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force."

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Unless the girl was attacking the guy or damaging property, how can one argue the OP needed to protect themselves against "another's use or attempted use of unlawful force"? I would argue that simply walking into the guys unlocked house with no threat of harm, claiming it was effectively self defense might be a hard sell. Yes, I understand her entry alone after express refusal to be allowed such is illegal force but is that enough to warrant:

Several move times I forced her out the door, getting more forceful each time.

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especially given this subsection of the code you cite:

(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;

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that tends to suggest that to invoke a physical defense, the aggression must be a physical assault.

First rule: Trust CavemanLawyer for Texas law.

Second rule: Common law.

Common law allows reasonable force to eject a trespasser.

That has no relationship to the OP's story, but is a fact which Texas courts will accept.

tranquility;2700151]First rule: Trust CavemanLawyer for Texas law.

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I do generally but the statute itself seems to specifically not allow physical action against non-physical action. Just looking to see what caveman said about it.

Second rule: Common law.

Common law allows reasonable force to eject a trespasser.

That has no relationship to the OP's story, but is a fact which Texas courts will accept.[

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I would hope they would. To me, this gets back to there is no duty to a trespasser (generally) other than to not cause intentional harm.

and why wouldn't the situation with a trespasser not apply to the OP's situation. The girl was trespassing.

but to the use of reasonable force: what is reasonable and did the OP's acknowledged escalation of force surpass what would be construed as reasonable?

justalayman said:

Unless the girl was attacking the guy or damaging property, how can one argue the OP needed to protect themselves against "another's use or attempted use of unlawful force"? I would argue that simply walking into the guys unlocked house with no threat of harm, claiming it was effectively self defense might be a hard sell.

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The whole point of the presumption is that a person is reasonable in anticipating use of force against them when the person enters their home unlawfully. You don't have to wait for the trespasser to do something to you or to even make a threatening motion, their mere unlawful forced presence creates the presumption in favor of the accused which the state must rebut beyond a reasonable doubt. Walking into the unlocked door once might not be enough but after being physically forced out multiple times and then re-entering I think clearly invokes this presumption. If the poster really did use some excessive and/or violent force then that might be enough for the state to rebut the presumption but honestly... I find the notion ridiculous IF the poster's facts are truthful. As we say in Texas (and elsewhere,) a man's home is his castle.

justalayman said:

Yes, I understand her entry alone after express refusal to be allowed such is illegal force but is that enough to warrant:

Quote:
Several move times I forced her out the door, getting more forceful each time.
especially given this subsection of the code you cite:

Quote:
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
that tends to suggest that to invoke a physical defense, the aggression must be a physical assault.

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That is absolutely incorrect for the reasons stated above. The whole point of the presumption is to eliminate the need that the trespasser do anything at all against the person or their property. The plain reading of the statute states that the unlawful forced entry alone gives the actor reason to believe that a threat might be coming and they do not have to wait for it to use force against that person.

You are also misreading and misconstruing the statute. The presumption that we are talking about is under subsection (a) and the limitation of verbal provocation is subsection (b). They are clearly mutually exclusive. If someone forcefully enters your home then it has obviously already gone beyond verbal provocation alone. It is the entry that is the provocation, not what they do once inside.

The whole defense issue could probably even be justified under the protection of property section in 9.41 which allows you to use force to remove any trespasser.

I have absolutely no doubt that the poster would get a jury charge on these self defense issues, requiring the state to disprove these defenses beyond a reasonable doubt. It is not hard to put on enough evidence to invoke the defenses. Whether the defenses stick would depend on the facts. It is entirely possible this girl had some pretty good injuries which were photographed and this was a much more forceful removal then has been posted. But I have absolutely no doubt that the posters actions invoke these self defenses and I can assure you that us Texans do not have to wait for the assault to come before we kick your butt out the door.

But I have absolutely no doubt that the posters actions invoke these self defenses and I can assure you that us Texans do not have to wait for the assault to come before we kick your butt out the door.

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as I said, I would hope so. I cannot see a person not being allowed to remove a trespasser.

thanks for the response.

and tranquility; that is why I quoted caveman specifically, because I do respect his input.