Texas-Book-Gun Law Armed And Educated - Flipbook - Page 191
This section allows the defendant to argue that their use of force,
or even deadly force in the three recognized circumstances, is not
subject to criminal liability because of the victim’s consent. This
includes situations where the parties are engaged in mutual combat
(except street gang initiations) that does not threaten or result
in serious bodily injury. Additionally, the defense of consent is
what keeps professional football players from being charged with
aggravated assault when they inflict career-ending injuries on each
other and doctors from being charged every time they cut someone
open with a scalpel. It is important to remember that this defense
is only available for the crimes of assault, aggravated assault, or
deadly conduct.
EXAMPLE:
Richard and Curtis are having an argument about whose
favorite football team will win the championship. In the heat of
the argument, Richard calls Curtis a bad name and Curtis asks
if Richard wants to take it outside. Richard agrees, and they both
begin fighting in the parking lot. Shortly after they begin fighting,
the police show up and arrest them for assault.
Neither Curtis nor Richard will be permitted to claim the selfdefense justifications of Texas Penal Code Section 9.31 because
they consented to the exact force used. However, they may have a
defense available under Section 22.06.
4. Provocation/abandoning an encounter
Under Texas Penal Code Section 9.31(b)(4), if a person has
provoked an attack, self-defense is not available as a defense to a
resulting criminal charge.
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