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Old 05-18-2011, 11:11   #32
texas proud
Join Date: Jan 2011
Location: dallas, tx
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Originally Posted by packsaddle View Post
Depends on the crime.

The threat of deadly force is only permitted when the use of deadly force is permitted.
this is what texas says.........
is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to protect himself against the other's use or
attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of
aggravated kidnapping, murder, sexual assault, aggravated sexual
assault, robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.
notice it does not give a degree of the crime, but the crime itself

how a lawyer looks at it

The Burden of Proof for Self-Defense

In any criminal case, the prosecution's main goal is to show that a crime was committed. In this instance, the prosecution must simply show that a weapon was brandished, which qualifies as assault. Whenever a defendant chooses to argue self-defense in a case, the burden of proof falls on the defendant, not the prosecution.

This means that the defendant must prove that the need for self-defense justified the commission of assault. If the defendant cannot successfully argue that self-defense was necessary, s/he may be found guilty of assault or aggravated assault.

Because self-defense can be a difficult argument to make in an assault case, it is important to seek the advice and assistance of an experienced criminal defense attorney. A criminal attorney can gather all evidence relevant to your case to help you construct a strong defense to your assault charge.

Last edited by barstoolguru; 05-18-2011 at 11:14..
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