Use of Deadly Force

November 8, 2012

If you have been charged with the use of deadly force, then you will want to know what kind of allegations you are up against. For one, the use of deadly force is covered in Chapter 9 of the Texas Penal Code with laws regarding deadly force. There are some situations in which you can get away with using deadly force, and these are clearly outlined in the code. Justifications include using deadly force in self-defense, using deadly force in self-defense of another, or using deadly force in defense of property. These arguments are only valid if the deadly force is used reasonably in the context of the situation. For example, if someone was attempting to harm you and you used deadly force in order to keep from being hurt, that would be justified.

If a friend lays a hand on you while you are in a bad mood and you result to deadly force in an act to “defend yourself,” chances are that the context will cancel out your justification in the court. You could be charged with deadly force or assault as a result. An individual is allowed to use any force that he believes is reasonable against another individual in the attempt of self-defense. IN order to declare self-defense, a defendant must prove that his or her attacker was attempting an unlawful attempt such as assault, battery, or rape. Resisting arrest is not grounds for self0defnese, nor is resisting a peace officer. If the defendant is provoked, then the court may declare that the deadly force was criminal, not justifiable.

If someone that you love is in danger, then you have the right to use deadly force in protection of that person. You cannot weld deadly force in an irrational way. For example, if you are a father and see a young man grab your daughter’s hand, you do not have the right to punch and beat him for doing so. If you could prove that the victim of your violence had the intention to rape or harm your daughter, then you would be justified. You will need to prove in court that deadly force was the only way to protect the third person in order to insist that you were doing the right thing.

You may also need to use deadly force to protect your property. Normally this means inflicting violence on a criminal who intends to rob you or burglarize your home. You will have to prove that you could not protect your property by any other means other than deadly force in order to justify your actions in court. With the help of an accomplished lawyer, you may be able to justify your choices and show that you have every right to walk away from a deadly force charge without a sentence.