self defense scenario?

Although others have said you could shoot someone if you fear for your life, you would have to justify that in court if you shot someone.

Castle doctrine laws give you the right to use deadly force in your home or car if someone forces their way in, without having a duty to retreat first. However, you still need to be able to articulate that you felt your life was in danger. It's not a free pass to just shoot someone who walks up to you in a public place.

Chapter 9 of the Texas Penal Code addresses use of force.

In accordance with Article 9.04, you can produce a weapon if you feel threatened, but you still cannot use it unless you feel your life is in danger.

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.

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.

You are still not exempt from being sued in a civil suit, even if you are justified in using force.

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

Article 9.32 addresses deadly force.

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

(a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

To put it simply, you would have to justify why you shot an unarmed individual who was not a threat to your life. If you did shoot someone in this circumstance you could possibly be charged with murder, manslaughter, or criminally negligent homicide. It would depend on the exact circumstances, exactly how you explained yourself, and whether you have a prosecutor who would decide to have you indicted for a criminal offense.

I would say if the person has no weapon, try to distance yourself, while yelling for the person to get away from you. If he reaches into his pockets, than you have reason to believe that he is reaching for a weapon, and you would have every reason to draw your weapon.

I know my answer is rather long, but it is never a simple act when you use a weapon in self defense. Calling 911 as soon as possible is absolutely a must if you feel that you are in this kind of danger. If you do have to shoot someone, you can then show that you did call for help before using deadly force.

What you may want to do, and what you need to do are two different things. You want to pull your gun. But you have not described a situation that makes it legal.

In today's society you have the duty to try and resolve the situation without resorting to lethal force. Try to put some distance between you, call 911, and retreat. I might suggest turning the hose on the panhandler. High pressure water is a great deterrent, and does not qualify as lethal force. Pulling a gun on someone every time you are scared is exactly what the anti-gun people want. They want people in this country to believe that if there is a "right to bear arms", then this will become a "wild west" all over again with shootouts on the streets over nothing. Your gun, on the streets (or in a car wash), is your last resort. You must legally try every thing else to avoid lethal force first.

This is not the case in your home, there you can pull the gun right away under the "Castle Decision".

In your scenario the aggressive panhandler does not display a weapon or threaten violence against you.

From what I read ... shooting would not be justified.

If the panhandler brandishes a weapon (even a knife), that would change the situation. If the panhandler makes a sudden move for the back of his waist or under his jacket (popular concealed carry locations) ... that changes the situation. I'd even give you the benefit of the doubt if the panhandler had a holstered weapon in plain sight.

My answer: Continue to put distance between the panhandler and myself. If he continued to advance, warn him that he is about to get a shower (assuming that you are using a hose to wash your car). He continues to advance, one soggy panhandler! If he pulls a weapon at that point, so do I.

B.

In a situation where I pull my gun, and the assailant is unarmed, I'm giving him every opportunity to comply with my directive to leave. If he doesn't, I am going to let him know that I am able, and WILLING to kill him if he continues to threaten me. If he continues to approach me after I have backed up and instructed him to stopt, I'm probably going to fire in the ground first. If he still is advancing, I'm shooting for the leg. Still advancing? Next shot is in the chest. Still advancing? Now were' down to emptying the clip in his head. And if he is STILL advancing at that point, I'm hauling butt out of there.

And I don't know what State these two who answered above me live in, but that is no longer the case in most. If you feel your life is in danger, you have the right to use deadly force to protect yourself, whether the other person does or not.

If I've shot someone, you can bet I felt threatened with deadly force.

The world we live in today would say you must run away and never defend yourself. But then if you think about it, that is why so many criminals are so brave today. Personally I think the first choice would stop a lot of people from ever trying this again. Give a warning then shoot. Why should the innocent be scared to go to a public place because the criminals have more rights than you? that is crap. If more people would stand up for themselves the crime rate would disappear and the govt would be forced to change the laws concerning self defense.

Several things to think about. It's all about articulating what you fell and why you felt threatened. If you backed up and he advanced on you and was twice your size, you would probably be justified in drawing your weapon. You don't know what the guy is capable of. If he is making threats to your safety as he's advancing, I would neutralize the threat by drawing my weapon and, if he continued to advance, I would stop the threat. It's hard to second guess the situation but it sounds like you felt threatened. Practice how you would articulate shooting someone in the same circumstance.

In most circumstances you are only allowed to use the level of force that you're threatened with to defend yourself. In other words, you're only justified in using a gun and shooting someone if you're being threatened with deadly force. Someone yelling at you, shoving you, or hitting you with fists isn't a threat of a deadly nature. You could strike the person if they either strike, or attempt to strike you. Again, you're only allowed to use the level of force with which you're threatened, and the minimum amount of force necessary to remove yourself from harm's way. I wouldn't adise going around and pulling a gun every time someone gets under your skin. Sounds like you have a tendency to be trigger happy and probably should take some courses before carrying a gun with you.

use pepper spray or a stun gun less lehal and a lot less trouble

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