Legal requirements for reporting justified self defense?

[newbie4help]

I assume you must (and it'd be really dumb not to anyway) report any justified shooting/wounding/killing of a perpetrator.

But what if you merely present the weapon? As in, draw, get into stance, and point. BG drops weapon, turns and runs, you don't have to shoot. Are you legally bound to report this incident? It'd probably be smart especially if there are witnesses ("man with a gun" call is inevitable in that case) and BGs often call cops themselves!!! Good to be first to call. Anyway, what are you LEGALLY REQUIRED to do in a case of presentment only?

Finally what if you merely make a grabbing gesture towards your sidearm, not even drawing? BG flees. What are requirements for reporting that?

TYIA!

[seamusTX]

You are not legally required to report any self-defense action in Texas. The reason is that most self-defense actions contain elements of a crime, such as deadly conduct (pointing a weapon at a person) or aggravated assault. You cannot be required by law to incriminate yourself.

However, it is prudent to report most incidents, for reasons that you state.

P.S.: If you defend yourself by running into someone with a motor vehicle, you probably are required to report that. Not doing so would be considered failing to render aid. I can't remember off the top of my head which statute that is.

- Jim

[dmac]

Every time I have ever had to use a gun in a deadly force or self defense situation I have simply dragged the perpetrator's dead body into a nearby building (or trunk) to conceal it. Then I run away (in a jog so as not to attract too much attention), until I find a place to stash my incriminating clothing. I dye my hair, change my name, and either grow or shave a beard (depending on the facial condition at the time of the shooting). I then move to another city until it all starts again.


WARNING: This writer tends to use sarcasm often....be aware...the ability to easily understand irony, hyperbole, litotes and satire is required for understanding...

[seamusTX]

Just to set the record straight, any interference with a crime scene or false report will probably get you in more trouble than the shooting would (PC 37.09). Prosecutors really take that seriously.

BTW, 37.09 contains a clause that I forgot about. If you observe a human corpse and fail to inform the authorities, it is a class A misdemeanor. So if you kill someone in self defense, you are obligated to report the presence of a corpse.

You are not obligated to explain the cause of death. Whether you should do so without legal counsel is subject to debate.

- Jim

[will381796]

BTW, 37.09 contains a clause that I forgot about. If you observe a human corpse and fail to inform the authorities, it is a class A misdemeanor. So if you kill someone in self defense, you are obligated to report the presence of a corpse.

You are not obligated to explain the cause of death. Whether you should do so without legal counsel is subject to debate.

- Jim

Unless you are a medical doctor, you are unqualified to pronounce your attacker dead. If the attacker can't be pronounced dead, then you don't have a corpse. haha

[newbie4help]

So basically....report any shooting/death. Obviously I would do that anyway.

But I do NOT need to report a mere defensive play that leaves nobody injured. Thank you! I'd still probably do it like I said if there were witnesses but I've read a lot of first-hand accounts and surprisingly very few self defenses with handguns results in anyone being injured! In most cases the perp simply runs away. And people rarely report it to the police....

[seamusTX]

You are not breaking a law if you do not report a non-shooting situation, but you would be very wise to call it in. Most bad guys want no contact whatsoever with the cops, because they are on parole or have warrants; but they have been known to call in reports that the defender assaulted them.

One incident that I'm aware of involved teenagers in the parking lot after a high-school game beating on a vehicle driven by the father of a student from another school. Now beating on a vehicle is at least malicious mischief, and multiple young threatening bodily injury is a serious matter. The driver who was under assault was a CHL holder and displayed his weapon. He ended up being arrested. I don't know how the case turned out.

It's also a good idea to let the police know that a criminal is loose and to give the best description that you can. They may catch the guy, and he may have evidence of other crimes or be a felon in possession of a fiream.

- Jim