Deadly force and unarmed attackers

[wgoforth]

...if I'm near trouble, I'd rather have my friends weighing in at 230, rather than 95!!!

[drjoker]

Shooting an unarmed attacker is always an invitation to get sued in court. You might be declared innocent at the end of the day, but that's after $600,000+ in legal costs (see the previous poster's reference to Harold Fish). So, no, you can't wave your gun around if some dude is touching or making improper remarks about your lady. You may retreat and de-escalate (I would apologize for whatever the other person thought I had done to deserve the ill treatment). You also said that you thought that the other guy is "obviously" unarmed?! Err... It's the "concealed handgun" law, so the guy might be armed but not "obviously" armed. So, your pulling out a gun might not make him back off. Instead, it might trigger a gunfight! Therefore, the prudent thing is to run away (retreat). You don't have to get into a fistfight if you just retreat.

Now, back to the original question at hand.... Texas law does allow you to use deadly force to stop a robbery at night, even against unarmed robbers. So, while you and your lady are running away, if the guy paws at your wife's purse that could be interpreted as an attempted robbery... or if he throws the first punch, that could be interpreted as an attempted robbery... or if you get into your car to escape him but he decides to try opening your car door, that could be interpreted as an attempted carjacking.

Finally, it would help if you have some non-lethal weapon at hand in addition to your gun. I carry a tactical flashlight. It is extremely bright and will blind you for a minute or two if you get hit in the eyes with the light. If you blind the guy, then he won't be able to follow you while you are running away. Escaping from a possible gunfight is THAT easy.

Search TEX PE. CODE ANN. § 9.42 : Texas Statutes - Section 9.42: DEADLY FORCE TO PROTECT PROPERTY

[Heartland Patriot]

You better make sure your "right" in the eyes of the law or your life is really in danger if you shoot an unarmed attacker.

Mr. Fish spent $600,000+ in court costs link

From what I've seen if you are being assaulted by someone with a gun, and you take it from them and shoot them with it, the shooter is not normally prosecuted.

Practically speaking, there tends to be a public outcry if an unarmed attacker gets shot. Unless the circumstances are something like the shooting occurred inside your own home or there were multiple attackers where you could not get away, expect the DA will want to prosecute.

While that Fish case is certainly good food for thought, it did NOT occur in the State of Texas, AND it occurred under a VERY restrictive set of laws that have since been changed. Plus you can add in a LOT of other "irregularities"...

[Heartland Patriot]

SNIP

And if you do use the firearm as intended, even to shoot in the leg or arm, it is deadly force for real.part of this is the definition of a firearm and part is the fact that deadly force does not need to kill, just inflict serious bodily injury (which differs in some points based on jurisdiction).

I agree with you, and would like to add something. IF you were to shoot someone in an arm or leg, in a mistaken belief that you are "hurting them only as much as you have to", you are greatly mistaken. There are large arteries in both the human arm and leg, and an individual who has one ruptured from a gun shot (or other severe trauma) can easily die from blood loss. As staunch as I am about us as both Texans and American citizens having the RIGHT to use deadly force to defend ourselves and our loved ones/friends from vicious, unprovoked attacks, shooting someone is NOT on my list of things I really want to do in my lifetime. It is truly a last resort, as far as I am concerned, and I think quite a few others here will agree with me.

[apostate]

Shooting an unarmed attacker is always an invitation to get sued in court. You might be declared innocent at the end of the day, but that's after $600,000+ in legal costs (see the previous poster's reference to Harold Fish).

Please tell me more about this civil suit against Harold Fish.

[jocat54]

I will do all I can to retreat in any situation of this sort---but if I can't retreat or get away or whatever---there is no such thing as a fair fight and I WILL CHEAT--see my signature.

I would be glad to have the opportunity to defend myself in court--I would still be alive.