Search found 1 match

by KBCraig
Mon Aug 28, 2006 12:53 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Would I be prosecuted?
Replies: 23
Views: 2632

Texas Penal Code, chapter 9:

§ 9.01. DEFINITIONS. In this chapter:
(1) "Custody" has the meaning assigned by Section 38.01.
(2) "Escape" has the meaning assigned by Section 38.01.
(3) "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

§ 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.


§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if he would be justified in using force against the other under Section 9.31;
(2) if a reasonable person in the actor's situation would not have retreated; and
(3) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to protect himself against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.



So in a word... you might go to jail briefly, but you won't go to prison. The only possible tripping point is 9.32(a)(2) (a reasonable person would have retreated).

Kevin

Return to “Would I be prosecuted?”