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Texas Law...please I need advice?
I was wondering if a person comes to my house with the intent to fight or to harm me physically and I end up beating that person.. let's call her Jane.. If I end up harming her instead is there anyway she can press charges on me? Jane can't right because she went to MY home? Correct? She never made it inside this all "happened" allegedly... in my drive-way...
2 Answers
- ?Lv 710 years agoFavorite Answer
Michael H is absolutely right about when you can't use force, but she is committing trespassing.
You can use force to remove a trespasser, you do not need to feel threatened to do so. Your aim must be to remove them, not beat the fire out of them. If she comes to your property and you tell her to leave and she does not, you can use force to make her leave. If she tries to use unlawful force on you then you can defend yourself. She does not have to be in your home, she only has to be on your property, but you must give "notice".
Notice means (paraphrased):
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:..........
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
- Michael HLv 710 years ago
You can both be charged actually depending on the circumstances.....
If you were already in the driveway, and she attacked you, that's one thing, and you have every right to defend youself.
From the Texas Penal Code
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
(B) possessing or transporting a weapon in violation of Section 46.05.
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
In other words, if all she did was 'state' that she intended to harm you, then no you can't do anything.