Thinking About Defense of Others

[Mxrdad]

Quote:
I wouldn't worry about being charged with trespassing if I entered after the incident started. Somebody already mentioned the necessity defense but even without that, the threat of a modest fine would not stop me from doing what I thought was morally right.

On the other hand, if the manager posted the signs, I would not come to their aid. I would respect their decision and let them suffer any consequences of that decision.[/quote]

What if the manager had nothing to do with posting the signs? What if that order came from upper management?

[ninjabread]

A decision to just follow orders is still a decision, but in this case OP wrote "local police recommended the signs to protect the business." If the manager follows their advice, they can come save the manager.

[Hoodasnacks]

In my opinion, no jury in Texas is going to convict you for walking past a 30.06 sign to save someone's life who is under active attack. You should be covered under a defense of necessity.

Keep in mind that I'm not a lawyer, but I just don't see it happening.

This attorney agrees with both of your points. I'll also add that I cannot imagine any LEO filing trespass charges under the OP's hypothetical, nor can I imagine a DA accepting charges.

Chas.

I would also think that a good lawyer could find/craft an "emergency" exception to the law. If a LEO gets a waiver on 4th amendment requirements to protect an individual, I think you could find an exception to 30.06.

[mr1337]

In my opinion, no jury in Texas is going to convict you for walking past a 30.06 sign to save someone's life who is under active attack. You should be covered under a defense of necessity.

Keep in mind that I'm not a lawyer, but I just don't see it happening.

This attorney agrees with both of your points. I'll also add that I cannot imagine any LEO filing trespass charges under the OP's hypothetical, nor can I imagine a DA accepting charges.

Chas.

I would also think that a good lawyer could find/craft an "emergency" exception to the law. If a LEO gets a waiver on 4th amendment requirements to protect an individual, I think you could find an exception to 30.06.

No need for an emergency exception. One already exists: necessity defense

Code: Select all

Sec. 9.22.  NECESSITY.  Conduct is justified if:

(1)  the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2)  the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct;  and

(3)  a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

Since you're only covered for "Deadly Force in Defense of Person" (TPC 9.32) in places where you have a right to be, you may not be covered under that statute, thus 9.22(3) would be true, since justification for your conduct would not plainly appear - since you would have no right to be at a place where 30.06/30.07 is posted.

9.22(1) would be true if you believed you needed to step in to prevent/avoid/stop immediate harm.

9.22(2) MAY be true depending on the State's standards of the harm outweighing the harm avoided. I know some states believe that taking a life in order to save a life (1 for 1 trade) is not outweighing. However, one of the operative phrases here is "according to ordinary standards of reasonableness" and I think it would be reasonable to prevent (or stop) a violent criminal from attacking an innocent person. However, as I said before, I don't think any jury is going to convict you for saving an innocent life from being taken by a violent criminal. That's if it even gets that far. You would still need the DA to file charges, and possibly a grand jury to accept those charges. There's a lot of "outs" for lawful defense of yourself and others. Each stage of the process grants more and more chance that you won't get convicted.

Now if this was California, New York, or New Jersey, forget it. Luckily, Texas is not one of those places.