Quote:
Originally Posted by 11BEE
We need more information. Generally, it is considered an act of deadly force to even brandish a gun and point it at someone. For example, here in Texas pointing a gun at someone is considered the use of deadly force since the end result of pointing the gun can reasonably lead to death. If you did nothing at all, I can be put in jail for the use of deadly force.
I guess the question is, what were you doing at the time?
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I'm not so sure about that in Texas. Of course the situation will dictate the legallity. Note below that one can brandish if force... not even deadly force... is justified. E.G. Someone gets physical with me, puch or shoving (force) Than I would be justified in brandishing (force to meet force) along as my sole intention is to create the apprehension that I might use deadly force to stop the aggressor from using force.
Texas Penal Code Chapter 9.
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.