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I'm not sure I understand your question. Did you mean is instead of if?

Violating PC §46.035(a) is a class A misdemeanor.

If an unlicensed person is charged with UCW, it's a misdemeanor except in a place alcohol is sold, or a school. Then it becomes a felony. IANAL, and there are probably more complicated circumstances where the person could be charged with aggravated assault, terroristic threats, or something of that sort.

- Jim

switch wrote:Interesting that 46.035 only applies to CHL's. We can be prosecuted but non-CHL's cannot.

An unlicensed person in that situation would be charged with UCW, which is a class A misdemeanor or felony, depending (PC §46.02).

- Jim

kanders wrote:I guess I still don't understand what constitutes use of force vs. deady force, i.e. if he hits you in the gut with a fist or pushes you to the ground, that doesn't seem "deadly" to me, but where do you draw that line?

Harry Houdini was killed by a single punch in the gut (it ruptured his appendix). Many people have been killed or permanently disabled by being knocked down and hitting their head.

Unfortunately, you are very much at the mercy of the district attorney and the specific facts of any incident.

One thing on the side of the good guys is that the bad guys generally have a long history or crime or violent mental illness. Not always, but generally.

- Jim

Two comments:

• You said "mugger." If that means "robber," you are justified in threatening and using deadly force to prevent robbery.
• Striking with a fist can be deadly force. It would depend upon the size, strength or medical condition of the parties involved.

My take on it as a non-lawyer is that the gray area is somewhere between a thug who makes a vague verbal threat, and someone who is about to assault you.

- Jim