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Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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texas, i was held at gun point in my office Aug 13th by my

Resolved Question:

texas, i was held at gun point in my office Aug 13th by my next door neighbor. managed to talk my way out. now he stands in his door pointing what looks like a hand gun in his pocket at me. Can I shoot him or must I wait for him to fire first?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 9 years ago.

If you reasonably believe your life or the life of someone else is in danger (i.e. that the assailant intends to shoot at someone) you have the right to respond with deadly force. If he simply has his hand on a gun or in his pocket, that might not be enough, but if he takes it out and points it at you, you would have the right to shoot before he fires.

In some cases a jury might accept that you reasonably feared for your life even when the gun is in his hand or pocket but that is a much harder case to make to a jury.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

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Customer: replied 9 years ago.
Thanks for the info. it really helps me to know where I stand in this matter.