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Texas law provides for a justifiable defense at trial when using deadly force if the person claiming self defense:.....
1 Reasonably believed the deadly force was immediately necessary;
2 Had a legal right to be on the property;
3 Did not provoke the person against whom deadly force was used; and
4 Was not engaged in criminal activity at the time the deadly force was used.
Threat of force is when a person displays a weapon as a threat, showing that they will use deadly force to cause death or serious bodily injury if necessary. Texas Penal Code §9.04. Threat of Force is a precursor to the use of Deadly Force.
For example, a landowner, on his property, sees a trespasser running towards him. If the landowner decides to turn in such a way to display his holstered, loaded gun which causes the trespasser to run off the property, Texas law says this is likely a justifiable threat of force.
n Texas, Section 9 of the Texas Penal Code provides legal justifications for the use of force in a limited set of circumstances when a person has no duty to retreat. For example, a homeowner in his own home does not have a duty to retreat and may use deadly force to protect himself against an armed intruder. This would be the same for a business owner in his place of business and a truck driver in his own truck.
A person may use deadly force in self defense under Section 9.31 of Texas Penal Code if he:
Knew the intruder unlawfully with force entered into his home, vehicle, or place of employment;
or Was being kidnapped;
or The intruder was attempting to sexually assault, rob, kidnap, or murder
originally posted by: BlueJacket
a reply to: TinySickTears
and somehow we are supposed to listen to your opinion, a person who uses looks as the final arbitration for defining 2 peoples worth.
Do you read what you write, before you post? I dont agree or disagree with the op, but I whole heartedly disagree with your biggoted post.
originally posted by: BlueJacket
a reply to: TinySickTears
and somehow we are supposed to listen to your opinion, a person who uses looks as the final arbitration for defining 2 peoples worth.
Do you read what you write, before you post? I dont agree or disagree with the op, but I whole heartedly disagree with your biggoted post.
i give a # what you think
1 Reasonably believed the deadly force was immediately necessary;
2 Had a legal right to be on the property;
3 Did not provoke the person against whom deadly force was used; and
4 Was not engaged in criminal activity at the time the deadly force was used.