Agreed. The aggravated robbery has two components that I see. There is the assault, against which Texas law permits you to use deadly force, and the actual robbery, against which Texas law permits you to use deadly force under strict conditions. I am more concerned with the assault and the imminence thereof as it pertains to a successful claim of self defense.Mike S wrote: ↑Fri Jul 12, 2019 8:09 amI believe this would apply under 9.31 & 9.32; once the justification for force is removed, you no longer are justified in using force against your attacker. If you chase after them or continue the attack, you are now the aggressor (as the example used by Andrew in the lady who was charged for chasing down/shooting at the 2x women who had attacked her. She may have been justified in producing her lawfully carried handgun, but wasn't justified in chasing them around the store & shooting at them after they ran away).oljames3 wrote: ↑Thu Jul 11, 2019 10:17 pmOnce the attacker turns and runs, the attack is over. If you, the victim of the original attack, then use deadly force on the fleeing thief, you have started a new fight in which you are the attacker. Andrew explains this clearly in his blog and his book, The Law of Self Defense.The element of imminence requires that a use of force against another can only be lawful if the attack being defended against is an imminent attack—one either actually taking place or about to take place right now.
https://lawofselfdefense.com/product/la ... d-edition/
However, under 9.42 you have some justification for using force/deadly force in recovering your property if immediately after the robbery.
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Return to “LAw regarding armed robbery - what does "imminent" mean?”
- Fri Jul 12, 2019 9:27 am
- Forum: General Texas CHL Discussion
- Topic: LAw regarding armed robbery - what does "imminent" mean?
- Replies: 19
- Views: 13895
Re: LAw regarding armed robbery - what does "imminent" mean?
- Thu Jul 11, 2019 10:17 pm
- Forum: General Texas CHL Discussion
- Topic: LAw regarding armed robbery - what does "imminent" mean?
- Replies: 19
- Views: 13895
Re: LAw regarding armed robbery - what does "imminent" mean?
When the "armed robbery" is over is not the main issue for the self defender who wants to successfully claim self defense in court. The issue, according to attorney Andrew Branca https://lawofselfdefense.com/blog/, is the imminence of the deadly threat.
Once the attacker turns and runs, the attack is over. If you, the victim of the original attack, then use deadly force on the fleeing thief, you have started a new fight in which you are the attacker. Andrew explains this clearly in his blog and his book, The Law of Self Defense.The element of imminence requires that a use of force against another can only be lawful if the attack being defended against is an imminent attack—one either actually taking place or about to take place right now.
https://lawofselfdefense.com/product/la ... d-edition/
- Thu Jul 11, 2019 2:02 pm
- Forum: General Texas CHL Discussion
- Topic: LAw regarding armed robbery - what does "imminent" mean?
- Replies: 19
- Views: 13895
Re: LAw regarding armed robbery - what does "imminent" mean?
Attorney Andrew Branca (author of The Law of Self Defense) explains this well in his blog. Go to https://lawofselfdefense.com, join at the FREE bronze level, and review his blog for the Walmart Shooting: Retribution Is Not Self-Defense. Andrew discusses the elements that make a good self defense claim, one of which is imminence.
Imminence: Deal-breaker
A second major issue in this case has to do with the self-defense element of imminence, in the context of the timing of when Ms. Alston actually fired shots in purported self-defense.
The element of imminence requires that a use of force against another can only be lawful if the attack being defended against is an imminent attack—one either actually taking place or about to take place right now.