Legal Question in Criminal Law in Texas

Self defense law

Defind a self defense plea in a murder case?

Defind self defense in TX. law cases?

The best way to prove self defense in a murder case?

What books are recommended to seek current self defense

law in my local County Law Libaray?

I alone with three friends went to buy drugs from three

guys. The deal went bad. The seller started fighting with

us. I was in imminent danger of grave bodily harm, because

one of the guys was swinging a knife at my tring to cut me.

out of safety and fear I shot him. He died?

I can not afford a Lawyer, so I get a court appointed Lawyer

but I want to be able to seek knowledge for me self.

Please recommend info. to research.

Thanks.


Asked on 5/05/05, 11:20 pm

1 Answer from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: Self defense law

First, look up in Vernon's Annotated Texas Statutes (the black books) Penal Code Sections 7.01, 7.02, 9.31, 9.32 and 9.33 and then read Penal Code sections 19.02 (especially 19.02 (b)(3)), 19.02, 19.03 (a)(2), 19.04, 71.01 and 71.02 and 12.31 through 12.47. You might also want to consider Code of Criminal Procedure section 42.12 (3)(g) and Government Code sections 508.145 and 508.149 (formerly found in CCP art 42.18) Cases will be found in these books which explain these laws. Many, many other laws might apply and the particular circumstances of facts which can be proven are quite important. For instance, if you were at a school when this happened, special rules may apply. If you have any prior criminal history, that can affect what happens to you in plea bargain negotiations and if you have prior criminal probations or convictions, it can affect what sentence you receive from the judge or jury absent a plea bargain.

Next, ask to see Teague's series of books on criminal law. Judge Teague (deceased) had excellent material. You may also want to see Paul McClung's book on TEXAS CRIMINAL JURY CHARGES.

Most communities are upset to have drug deals in their neighborhoods. When someone brings a gun and discharges it, the community will be even less happy. If you are charged with shooting someone to death in a drug deal gone wrong, you can expect the community in which you live to be generally predisposed to heavy sanction.

The laws and materials I referenced generally deal with the law of the State of Texas. Should your matter be taken up and prosecuted under some federal statute by the United States you would face a different series of problems.

You very much need the advice of a lawyer and you need to honestly discuss your matter completely with that lawyer.

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Answered on 5/06/05, 6:25 am


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