Help me understand

[Ericl]

if this has been asked here before, I apologize, it's regarding the definition of use of deadly force and threats as justifiable force


PENAL CODE

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9.01. DEFINITIONS. In this chapter

(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.

The word or between manner of and intended use to me reads the weapon does not have to be fired. Yes or no?


Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

as long as and limited to, pretty much set the parameters, that it is justifiable force and not the use of deadly force. So is pulling your weapon any other reason other than creating apprehension use of deadly force, even if not fired?

 

[easy rider]

I recommend reading Texas Law Shield: Armed and Educated. I bought my copy for $10, although it may go for a little more. It explains all the Texas gun laws in layman terms. Very easy to read and understand.

 

[Bithabus]

if this has been asked here before, I apologize, it's regarding the definition of use of deadly force and threats as justifiable force


PENAL CODE

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9.01. DEFINITIONS. In this chapter

(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.

The word or between manner of and intended use to me reads the weapon does not have to be fired. Yes or no?


Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

as long as and limited to, pretty much set the parameters, that it is justifiable force and not the use of deadly force. So is pulling your weapon any other reason other than creating apprehension use of deadly force, even if not fired?

No, not for any other reason. For example, pulling out your new pistol to show your friend is not deadly force. If you pull it out and intentionally point it at someone, and you are not merely creating a threat when force is justified, then you are using deadly force. That's agg assault if you can't justify it.

 

[Hoji]

Big , scary person is threatening you. He is much bigger and looks to a reasonable person to be able to carry out his threat of tearing your arms off.You draw, tell big scary to back off= not deadly forceYou draw, tell big scary to back off, big scary threaten to shove gun up your ass, comes at you and you: 1) fire and miss- deadly force (2) fire and hit = deadly force (3) pull trigger, gun goes "click" because you forgot to load a round= deadly force

 

[Ericl]

I do own it, and agree it's a great book.

 

[Ericl]

Thanks Bithabus, thanks Hoji, it's How I interpreted.

 

[ZX9RCAM]

Big , scary person is threatening you. He is much bigger and looks to a reasonable person to be able to carry out his threat of tearing your arms off.You draw, tell big scary to back off= not deadly forceYou draw, tell big scary to back off, big scary threaten to shove gun up your ass, comes at you and you: 1) fire and miss- deadly force (2) fire and hit = deadly force (3) pull trigger, gun goes "click" because you forgot to load a round= deadly force

Who decides if one goes to jail after that?

 

[easy rider]

One of the reasons I didn't try to explain is that there are multiple factors involved. If you have to go to court over it, that is where it will be defined. No matter what you believe is right, it's the findings of court that will matter. Even saying the wrong thing to an LEO can change a circumstance.

 

[45tex]

"a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Years ago the above statement applied only to Peace Officers. If a civilian drew down he better shoot. I like it much better this way.

 

[Mreed911]

"a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Years ago the above statement applied only to Peace Officers. If a civilian drew down he better shoot. I like it much better this way.

Agreed. If the threat of deadly force stops whatever threat was coming at you, not having to shoot them just because the law said so is helpful.