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by foodawg
Tue Apr 08, 2008 5:00 pm
Forum: General Texas CHL Discussion
Topic: A true scenario
Replies: 11
Views: 2185

Re: A true scenario

We had a guy in our class that said he had charges against him because he pulled a weapon on someone with a baseball bat in Austin.

The situation was supposedly an ex-boy friend showing up at their residence with a bat threatening them. It occurred in the front yard.

As the person with the bat advanced, he drew his weapon and told the person to drop the bat. He claimed that the LEO charged him with unlawful use of deadly force, even though he didn't fire. He stated that the "unlawful use of deadly force" was the drawing of the weapon, but the threat of force was the same as the use of force.

I'm not sure I understand that point of view.

Personally, I think there was more to it than that.

From my understanding, threat of use of force is legal in instances where threat of force is justified per TPC 9.04:
"§ 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."

And I believe someone threatening you with a baseball bat would fall under:

§ 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

But I'm no lawyer, so I'm sure I'm missing something.

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