Are there ever legal justifications to resisting arrest?
Texas Penal Code 9.31(c) provides two instances in which the use of force to resist an arrest or search is justified:
First, if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search then the use of force is justified.
Second, when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary, the resistance is justified.
Actual PC 9.31(c) cite:
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
Any real examples of this being utilized in the defense?
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- by extremist
- Thu Aug 27, 2020 1:27 pm
- Forum: General Texas CHL Discussion
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