In Texas if a person threatens my life I can defend myself in your state you must retreat why is that?

Question

there are a few exceptions but in most states you must retreat as far as you can before defending yourself. how can your goverment be so stupid as to give criminals a free pass ? I think we are the only state where you can defend property with all force required ( car thieves have a very hard life here )

Answer 1

Because ALL states other than TEXAS are WIMPS!!!

Answer 2

You have asked a very good question. As an Expert in Krav Maga, not only do I have a legal requirement to teach every student the law behind self-defense, they sign a statement with their contract that they understand it. Here are the key elements you must consider:

1. You must have a reasonable fear of harm to use physical force to defend yourself.
2. If you inflict serious bodily harm or take another person's life, you must be legally justified. ONLY when you fear for your own life or that of another can you use lethal force.

Now, here are the key points:

1. If the attacker has a weapon or is larger physically than you, or has displayed some type of martial arts, then if you can show that you were afraid for your life...then you can use enough force to:

a. Get out of the Situation.
b. Put the threat out of danger to you.
c. Eliminate the threat totally.

These rules do not apply in England and many European Countries where you can not do anything but call the police.

I hope this helps. Remember if you can avoid a confrontation, then avoid it, if you have to fight, then remember there are no rules, and fight until your last breath.

Again, good question.

Answer 3

Because I can always call someone I want to shoot over to my house and then blow them away and tell the cops they broke in. I do like the way Texas has done that though. I am a firm believer in shoot now ask questions later. If you do it the other way around, well, you may not get the chance to shoot. Here in Alabama we did just pass a law saying that you can defend your property with deadly force. I have not seen the actual wording of the law itself, but to my understanding, you no longer have to retreat until you can retreat no more. By my understanding now, if you come in my house, the threat is already there and I can take appropriate action. I think that is how Texas does it too. I am not sure about other states, but this is one where Texas is definitely leading the way and I agree with it whole-heartedly and wish that it would become a federal type law. Go Longhorns!

Answer 4

In Texas, you have to look at "reasonableness" -- If a reasonable person could retreat. Some courts have ruled that if you are in your home, you have already retreated as far as you can. But, just because someone used verbal threats in your home, you cannot use deadly force. If you are in the street, you must retreat IF YOU CAN without being harmed. But if there are just verbal threats (IE: I'm going to get my gun and shoot you), then you must retreat. You need to clarify what you mean by "threat" -- verbal or otherwise.

Answer 5

I have no idea where your getting your information but it's wrong. All states as far as I know have a law on the books concerning Terroristic Threatening. You can go to jail for threatening to harm, harass, or otherwise threaten someone in any way. You don't even have to go to court to do it either. Any policeman will arrest someone for this offense. The best thing to do is if it's happening on a phone, record it. If it's happening in person, call the police when or just after it happens. Most of the time the one doing the threatening will be hauled off in cuffs for his or her day in court.

Answer 6

I don't know if Texas has the Castle Doctrine, where there is no requirement to retreat before using deadly physical force. If you fear death or serious physical injury, you are allowed to use deadly force. Usually, they say a like amount of force, which in your example would be very iffy, as they are not armed. Let me give you an example. My wife and I were attending a movie, and it was dark when we came out of the theater. As we approached our car, three males came toward us, asking for money. One was carrying a sawed off pool cue, the second a car antenna, and the third had a bicycle chain. I got between my wife and the trio and drew my .45 auto and held it down along my leg. I looked them right in the eyes and said, "Now, we are not going to hurt each other, right?" Their eyes were locked on my pistol, and then they decided they needed to be elsewhere. We got in the car and drove to a Denny's for coffee. I called the local PD, identified myself as a deputy and said they might get sa call of brandishing. Nothing ever came of it. they knew I was ready, willing and able to defend my wife and myself. The secret is fear of death or injury. To prosecute, the DA would have to convince a jury you were not afraid.

Answer 7

In Florida it isn't whether you are actually threatened but whether you are in fear. So you can shoot to kill, with impunity and using a concealed weapon if you have a carry permit, anybody you're reasonably afraid of.

Florida is great! Our only insufficiency is we don't execute enough killers like Texas does, and Virginia.

BTW, in the southern states generally, and in the ghetto in the north of the USA, "dissing" can put the person who has shown the disrespect -- such as an accidental bumping into someone without following it with an abject apology -- in danger of death. This rapidity to anger has been studied academically and is real. I think it's one factor behind state legislatures in TX and FL and soon other states enacting shooter immunity statutes.

Answer 8

You're getting threatening your property and threatening your life confused.

If its your property (ie: car theft, buglary) then its not considered a threat of bodily harm unless they are armed and/or forcing your compliance.

In 99% of the areas of our country if your life is being threatened you are able to take any measure necessary, but you will have to answer for your actions in trial; because the fact remains someone saying "I'm gonna kill you if you dont let me" doesnt mean they really will, it's still upon you and your defense attorneys to prove that you did what was necessary to defend yourself or others, and any other action would have been futile.

Granted I wish I could take pot shots at car theives...

Answer 9

I wish here in the Northwest that we would have such a law, there would be less violent crime if the criminals thought that the victims would fight back lethally. And what goes on in courts makes me sick, why do you need to explain so badly that it was the only option? If a criminal tried to take my car normally i wouldn't give it to him, that is plain stupid, but legally i would have a hard time proving my innocence? if you go by the laws, you can end up very dead, or seriously injured in the hospital

Answer 10

That is a great question.In the State where I live you do not have the right to defend yourself and must retreat.I wish we were more like Texas.

Answer 11

It is not that we are giving them a free pass, but that we don't get ourselves hurt..If it is a matter for the police to handle we need to call the police as soon as possible so they can take care of the situation as safely as possible. Now if someone would come into my house uninvited they would get shot in the head, and that would be OK.