Author Topic: Use of deadly force question regarding struggles for firearm  (Read 1396 times)

epontius

  • Guest
Hypothetical question regarding use of deadly force. Say that I'm am licensed to carry a concealed handgun and am carrying my firearm. I'm attacked by an unarmed individual and taken to the ground where a struggle proceeds. During the struggle I think that my assailant may attempt to disarm me. Would that alone justify use of deadly force?

Erik
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

  • Administrator
  • Newbie
  • *****
  • Posts: 991
    • View Profile
Re: Use of deadly force question regarding struggles for fir
« Reply #1 on: July 17, 2015, 05:01:50 PM »
epontius,

If you are reasonable in believing that the attack is an attempted robbery/aggravated robbery, sexual assault/aggravated sexual assault, aggravated kidnapping, or attempted use of deadly force against you, this would justify your use of deadly force in self-defense. If someone is attempting to disarm you, it is often reasonable to think that they intend to use deadly force against you (and at that point, you become justified in using deadly force yourself). You would need to be able to articulate why it was that you thought he was trying to disarm you, and ultimately convince a jury that you were reasonable in this belief, and also in believing you should respond with deadly force. Like many questions in this area of the law, the best answer is “yes, if your jury says you were justified.”
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »