Search found 3 matches

by montgomery
Wed Mar 06, 2019 5:02 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1085

Re: HB 3257 - Imitation firearm = firearm for criminal cases

Papa_Tiger wrote:
Wed Mar 06, 2019 4:50 pm
montgomery wrote:
Wed Mar 06, 2019 4:14 pm
Skooter wrote:
Wed Mar 06, 2019 3:47 pm
montgomery wrote:
Wed Mar 06, 2019 3:20 pm
Papa_Tiger wrote:
Wed Mar 06, 2019 12:03 pm


... then we can legitimately state that we were in fear for our lives
I am not an attorney and this is not legal advice: Fear is not a legal requirement for justifiable use of deadly force in Texas. Completely irrelevant. What is relevant is did the mere appearance of the object cause a reasonable and prudent person to believe the item was real to pose immediate and imminent risk of grave bodily harm or death.
To-may-toe … To-mah-toe ..... We’re talking about the same thing…
No we are not. It is fear of grave bodily harm or death versus immediate and imminent grave bodily harm or death.
And then a prosecutor brings up, "A toy gun. He had a toy gun in his hand and Mr. Montgomery shot him to death." A lot easier to justify on multiple fronts for you and your defense if the law treats the toy gun used in the commission of a crime the same way it treats an actual firearm.
Agreed. Point is fear is not a legal factor to satisfied justified deadly force in Texas, despite what many instructors falsely claim.
by montgomery
Wed Mar 06, 2019 4:14 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1085

Re: HB 3257 - Imitation firearm = firearm for criminal cases

Skooter wrote:
Wed Mar 06, 2019 3:47 pm
montgomery wrote:
Wed Mar 06, 2019 3:20 pm
Papa_Tiger wrote:
Wed Mar 06, 2019 12:03 pm


... then we can legitimately state that we were in fear for our lives
I am not an attorney and this is not legal advice: Fear is not a legal requirement for justifiable use of deadly force in Texas. Completely irrelevant. What is relevant is did the mere appearance of the object cause a reasonable and prudent person to believe the item was real to pose immediate and imminent risk of grave bodily harm or death.
To-may-toe … To-mah-toe ..... We’re talking about the same thing…
No we are not. It is fear of grave bodily harm or death versus immediate and imminent grave bodily harm or death.
by montgomery
Wed Mar 06, 2019 3:20 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1085

Re: HB 3257 - Imitation firearm = firearm for criminal cases

Papa_Tiger wrote:
Wed Mar 06, 2019 12:03 pm


... then we can legitimately state that we were in fear for our lives
I am not an attorney and this is not legal advice: Fear is not a legal requirement for justifiable use of deadly force in Texas. Completely irrelevant. What is relevant is did the mere appearance of the object cause a reasonable and prudent person to believe the item was real to pose immediate and imminent risk of grave bodily harm or death.

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