Legal Question in Civil Rights Law in Texas

What are my right if an intruder comes in to my home and i shoot him.

1) if he is wounded?

2) if i shoot and kill him?

What if this person comes at me in a public place and I have a gun permit and I am carrying this weapon and he comes at me to do bodily harm and i warm him of this weapon and he still comes after me and i shoot him. What are my right as the victim?


Asked on 2/18/10, 8:05 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

Although the law provides several exceptions the one easy rule to remember is: You may do what you MUST to protect yourself or another, including the use of deadly force, if deadly force is needed to protect yourself or another.

As a moral (and legal) limitation you should not shoot to kill when shooting to wound would accomplish the same goal.

I hope you are never in a situation where you need to rely on this advice.

If you are currently facing criminal charges for shooting someone in defense, you need to speak with a criminal defense attorney ASAP!

Good Luck!

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Answered on 2/24/10, 8:44 am


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