Texas-Book-Gun Law Armed And Educated - Flipbook - Page 241
After calling the district attorney’s office, the police arrest Jim.
What crimes can Jim be charged with? You may have noticed that
many of the crimes discussed in this Chapter have very similar
elements. Technically, Jim’s action of displaying his handgun in
an effort to scare Marvin into leaving him alone could result in
Jim being charged with aggravated assault because he exhibited
a deadly weapon in a way that threatened Marvin with imminent
bodily injury; deadly conduct because he recklessly displayed
a firearm that put another person in imminent danger of bodily
injury; terroristic threat because he intended to cause fear in
Marvin; or disorderly conduct because he displayed his firearm
in a public place in a manner calculated to alarm. During Jim’s
prosecution for any of these crimes, he may argue self-defense if
he can articulate any facts that show that Marvin’s provocation
of him was more than verbal. Ultimately, the jury would have the
job of determining whether or not Jim had a reasonable belief (a
belief that would be held by an ordinary and prudent person in the
same circumstances) that at the time he displayed his handgun,
Marvin’s actions presented an imminent threat of unlawful force
or deadly force.
IV. THE AFTERMATH
When a person has found themselves in a position where they have
used force or deadly force, what should they do to help increase the
chances the police investigation will exonerate them and implicate
the aggressive law-breaker?
230 | CHAPTER ELEVEN
