Ruark wrote:I know this thread is a little old but I have to say something. A good attorney could skewer you on the fact that he didn't threaten you, beyond saying he'd call the cops if he saw you again. He wasn't trying to rob you or anything. Be ready, yes, but you can't grab your gun and slaughter somebody just because he's holding a knife.
Then hopefully your attorney could use this to show that their attorney is wrong:
Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
This person produced a knife, which would fall under the definition of a weapon. That seems like a threat, albeit not verbal, per 9.04 above. They had no justification for the use of force against you, therefore a threat to cause death or serious bodily injury by the production of a weapon was not justified. You are allowed to use force to stop the use or attempted use of unlawful force against you per 9.31. I think you could have produced a handgun, if you had one, as a threat to use deadly force (which is not the use of deadly force) to stop the unlawful use of force against you.
I am not a lawyer, but if someone pulls a knife on me, unjustified, I will be drawing my handgun.
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.