Bodacious wrote:I was under the impression that with the law enacted on September 1st of this year that if a person justifiably defends themselves and as a result no criminal charges are filed that they are immune to civil prosecution. Is this not the case?
If no charges are filed against me if I drop a thief fleeing from me and given the recently passed law, how can I be civily prosecuted?
This law has not been tested, as far as I know.
As I understand it, if you were justified in defending yourself and then sued, you would have to get a lawyer and he would file a motion to dismiss the suit. The judge might not dismiss it. He might think that you should prove in court that the shooting was justified. I suppose that decision could be appealed, but you're still spending money for a lawyer.
You could also be sued in federal court, in which case Texas law would not apply.
- Jim