TexasCHLforum.com

Frankie,

Being in fear of one's life is included under necessity, but is not mentioned because it does not have to be that large a harm. This is why that phrase has no real legal meaning in Texas. I can should the dog because I am trying to prevent the minor injury of it biting me.

I can shoot a toy poodle for it if it is attacking (I do not agree with the previous poster that the size makes a difference in the eyes of the law). I really worry more about chihuahuas more than some larger dogs because they have no back-up or let go in them. They also have no common sense and will attack much larger animals, like people, that obviously outmatch it.

To me, the law is clear that a person can shoot a dog that is attacking and officers do it all the time, so a citizen who is not an officer can also do it.