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by dlh
Wed Mar 22, 2017 3:29 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 5145

Re: Penal Code-Deadly Force on 06/07 Property

Do not forget there may be many instances where you simply cannot retreat if the attacker rushes you by surprise, for example. There is only a duty to retreat in our hypothetical if you "can" retreat.
by dlh
Sat Mar 18, 2017 3:04 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 5145

Re: Penal Code-Deadly Force on 06/07 Property

Some other possibilities to look at would be Section 8.05 of the Texas Penal Code--DURESS, and

Section 9.22 of the Texas Penal Code--NECESSITY although the necessity defense might not apply due to Subsection 3 of that Section.

And then, there is always jury nullification :) That works best when the deceased bad guy you shot had a long criminal history and was covered in gang tats.

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