Texas - Justification Defense

Question 1

What “mental state” is self-defense limited to?

Answer 1

None. Penal Code doesn’t limit - so even reckless
Alonzo TCA 2011
OTHER THAN PC 9.05 if you recklessly injure or kill a third person.

Question 2

Can you get “self-defense” and “confinement as justifiable force” instruction for “grabbing and holding”?

Answer 2

No. Confinement, although not defined is more than mere “grabbing and holding” for a moment.
Smith TCA 2011

Question 3

Does the threat of deadly force constitute use of deadly force?

Answer 3

PC 9.04
No, not as long as intent was to create apprehension. Threat of deadly force may be used where use of force is justified.

Question 4

Explain “Necessity” defense:

Answer 4

1. reasonably believes immediately necessary to avoid imminent harm;
2. desirability and urgency of avoiding harm clearly outweigh, according to ordinary standards of reasonableness; the harm sought to prevent by the law proscribing the conduct;
3. Applies to all offenses, unless specifically excluded

Question 5

Does necessity require admission of conduct?

Answer 5

Yes. “Confession and Avoidance Doctrine”

Juarez TCA 2010

Question 6

What creates the presumption of reasonableness for “self-defense”?

Answer 6

Removing actor from or unlawfully entering into actos habitation, vehicel, or business
Actor didin’t provoke
Actor not committing offense other than Class C traffic offense

Question 7

Can actor use self-defense if he provokes other?

Answer 7

Only if he abandons or CLEARLY communicates intent to abandon encounter AND other continues use or attempted use of unlawful force

Question 8

Can self-defense be used in criminal mischief?

Answer 8

Yes. Boget