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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33308
Experience:  16 yrs. of experience including criminal law.
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We had recently red tree contractor to cut tree down on our

Customer Question

we had recently hired tree contractor to cut tree down on our property, well the contactor ended up stealing gun, dog,phone, tablets,sunglasses and few other items. I then hung no trespassing signs all around my property and started locking my gate via
pad lock. anyways about one week later the the same color make and model truck drives thru my open gate. I grab my gun and pull it and point it at the vechicle. when the indivdial gets out he announces he is law enforcement and I put my gun down and away for
us to both feel and be safe. he did not announce himself before exiting the truck and I had never seen him before in my life, my wife and kids ran inside as they were scared to death. now Bastrop county is pressing felony charges on my for pulling a firearm
on a peace officer. is this even close to something I should be worried about?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

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.

Customer: replied 1 year ago.
I am not sure I understand, he was trespassing on my property, I never threatened him verbally, I only had the gun pulled I didn't point the gun at the person I had the gun pointed a good 25 ft right of person and vechicle. again he is on my property I have that right to protect it when he is unannounced or not welcomed correct
Expert:  P. Simmons replied 1 year ago.

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.

Customer: replied 1 year ago.
i never used deadly force, it was only pulled never shot I never used deadly force
Expert:  P. Simmons replied 1 year ago.

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.