Criminal Law Questions? Ask a Criminal Lawyer.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am sorry for this dilemma.Yes, you should be worried. If you are facing felony charges, that is something to NOT take lightly. You will want to retain counsel to assist you with this (do not try and represent yourself in a felony trial...that would be a silly mistake)Texas law makes threatening another with deadly force a crime in many circumstances.There are some exceptions. In SOME cases you can use deadly force to protect your property. So it may be you can claim that defense (claim that this section of the TX penal code applies http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.41 )But that defense is an affirmative defense....you have to prove your pointing the firearm at that person was reasonable under the circumstances.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
There are two issues here
First, if they are charging you with assault on a peace officer they have to prove you knew it was a peace officer. Unless the can do that? They will not be able to convict you.
HOWEVER, a lesser included offense would be aggravated assault. Pointing a firearm at someone where they believe you may use it is, in most cases, a crime under TX law. SO you may be not guilty assault on a peace officer (because you did not know they were a peace officer) but COULD be guilty of assault.There is a defense under TX law for defense of property. You have the right to use "Reasonable force" to protect property...but that does not automatically mean you can use deadly force.This is why you need a lawyer to help you and why you should not take this lightly.
I understand. But to point a gun at another is considered a "threat" of deadly force and, again, in most instances, a crime.
It may well be that you have defense (protection of property) that you can use to prevent a conviction.
This is why you need a lawyer to assist you.