Grundy1133 wrote: I misunderstood the wording of it. It makes sense now. lol
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- Tue Mar 13, 2018 5:14 pm
- Forum: Off-Topic
- Topic: From prone to standing in 1 second or less
- Replies: 24
- Views: 3467
Re: From prone to standing in 1 second or less
- Tue Mar 13, 2018 5:07 pm
- Forum: Off-Topic
- Topic: From prone to standing in 1 second or less
- Replies: 24
- Views: 3467
Re: From prone to standing in 1 second or less
Not grey at all. If the threat by the other is not justified, i.e. you did not do something to justify their use of force, then you have the justification to use force or deadly force to stop them from seriously hurting or killing you.Grundy1133 wrote:Seems to be such a gray area... which is understandable i suppose considering there are an infinite number of possible scenarios and you cant make rules for each individual one.Keith B wrote:You are trying to paraphrase the statute. In the case someone comes to your door with a bat, and they are the instigator, then the threat of use of force by them is NOT justified by by the chapter to begin with. However, you have justification in using the threat of force, or deadly force (gun drawn) to stop them from their threat to cause death or serious bodily injury.Grundy1133 wrote: 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.
I'm starting to questing everything our instructor taught us... he said that (scenario time) if someone comes to your door rings your door bell and has a baseball bat in his hand and says "im gonna bash your brain in!" that would constitute as justified threat. but according to the highlighted areas, that's not the case?
- Tue Mar 13, 2018 4:53 pm
- Forum: Off-Topic
- Topic: From prone to standing in 1 second or less
- Replies: 24
- Views: 3467
Re: From prone to standing in 1 second or less
You are trying to paraphrase the statute. In the case someone comes to your door with a bat, and they are the instigator, then the threat of use of force by them is NOT justified by by the chapter to begin with. However, you have justification in using the threat of force, or deadly force (gun drawn) to stop them from their threat to cause death or serious bodily injury.Grundy1133 wrote: 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.
I'm starting to questing everything our instructor taught us... he said that (scenario time) if someone comes to your door rings your door bell and has a baseball bat in his hand and says "im gonna bash your brain in!" that would constitute as justified threat. but according to the highlighted areas, that's not the case?