8 Jan 2023 7:45 pm
Not in Texas: the word fear is not even mentioned.Huey » 08 Jan 2023, 10:24 am » wrote: ↑ For each shot you have to show you still feared for your life and the person is still a threat.
""We have this section (shown below) that says deadly force is justified if a person “reasonably believes” that the deadly force is immediately necessary to protect against unlawful deadly force (someone trying to kill or seriously injury you (a)(2). I will toss this in, deadly force doesn’t only mean death but also “serious bodily injury”. So it doesn’t matter if you felt that you may be about to die as long as you reasonably believed that you might be seriously injured. You don’t have to allow someone to break your bones if it doesn’t kill you.
As to the second reason, to stop any of the listed crimes (a)(2)(B).
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another: (1) if the actor would be justified in using force against the other under Section 9.31;
and (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary: (A) to protect the actor 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.
Lastly…. what if someone tried to make the point that the man using deadly force wasn’t actually in danger if it appears that nothing was actually directed at him? Under Texas law, can a person use force or deadly force to protect another person that he doesn’t even know and/or who has not asked for protection?
Sec. 9.33. DEFENSE OF THIRD PERSON.
A person is justified in using force or deadly force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect;
and (2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
Again, if a person “reasonably believes” the circumstances would justify the use of force or deadly force to protect himself (1), then the same action would be justified to protect a “third person” if that action was immediately necessary.
To cut all of that into a simple statement…
In Texas the use of force or deadly force to protect yourself is justified if you have a reasonable belief that it was necessary to stop an unlawful attack against you or to stop any of the listed crimes in progress. The same justification exists for a third person that you may not know.""
posted by a law dog in another forum