Texas-Book-Gun Law Armed And Educated - Flipbook - Page 412
Tex. Penal Code § 22.01(a); Loaisiga v. Cerda, 379 S.W.3d 248, (Tex.
2012) (recognizing civil assault elements mirror criminal assault).
EXAMPLE:
Bernice is startled while driving. Mark is standing next to her
passenger window at a light, screaming that she cut him off
in traffic, but taking no action to indicate he intends to harm
Bernice or do anything besides verbally lodge his complaints.
In response, Bernice fires a shot at Mark to make him go away,
and hits him in the leg.
Bernice has committed an assault, which is also a civil cause of
action referred to as a battery in the common law. She intended
to and did cause serious bodily injury to Mark without a legal
justification. Therefore, a civil jury would likely find Bernice liable
and award damages to Mark.
EXAMPLE:
Bernice is startled while driving. Mark is standing next to her
passenger window at a light, screaming that she cut him off in
traffic, but taking no action to indicate he intends to harm Bernice
or do anything besides verbally lodge his complaints. In response,
Bernice points her gun at Mark and says “You’re dead!” She fires
her gun but misses.
Bernice has committed an assault. She knowingly threatened Mark
with imminent bodily injury without any legal justification.
3. False imprisonment: being sued for detaining people
What if a gun owner detains someone at gunpoint? If the person who
was detained later decides to sue, they will likely include a claim
I’m Being Sued For What? | 401
