Texas-Book-Gun Law Armed And Educated - Flipbook - Page 146
1. Deadly force does not have to cause death
On the surface, the legal definition of deadly force seems simple.
However, the meaning of what is and is not deadly force can be
legally tricky. A particular action does not necessarily have to result
in death to be legally defined as deadly force—it just needs to be
capable of causing death or serious bodily injury. Note: serious
bodily injury is defined as bodily injury that creates a substantial
risk of death or that causes death, serious permanent disfigurement,
protracted loss, or protracted loss or impairment of the function of
any bodily member or organ. See Tex. Penal Code § 1.07(a)(46).
EXAMPLE:
Jerry is being robbed and beaten by a group of individuals when
he manages to draw his handgun and fire it at one of the most
aggressive assailants. His shot misses his intended target but
breaks the group up, causing the would-be robbers to flee.
In this example, even though the bullet did not kill or even strike
any of his assailants, Jerry legally used deadly force because his
conduct fit the legal definition of “capable of causing death or
serious bodily injury.” Thus, death is not a prerequisite for the
existence of deadly force! Likewise, almost any object can be used
as a weapon in a particular circumstance. Therefore, in this section
of the law, the focus is on the object’s intended use and not just on
the object itself.
2. “Intended or known” as a component of deadly force
Deadly force, by its legal definition, occurs when a person takes
an action that is intended or known by the actor to cause death or
serious bodily injury. This knowledge or intention to cause serious
bodily harm or death is called a person’s mental state. A prosecutor
When Can I Legally Use My Gun: Part I | 135
