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Are there any laws I should know about, inregards to self defense.

Houston, TX |

I made some bad relationships, now I do not always feel safe. I am looking to end these relationships.

Attorney Answers 2

Posted

I'm not real sure of your question. All states have self-defense laws by statute or case law. I don't practice in TX, but in my state we have several statutes:
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§ 503.050. Use of physical force in self-protection - Admissibility of evidence of prior acts of domestic violence and abuse.
Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION
Current through 2011 Legislative Session

§ 503.050. Use of physical force in self-protection - Admissibility of evidence of prior acts of domestic violence and abuse
(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.

(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.

(4) A person does not have a duty to retreat prior to the use of deadly physical force.

History. Effective: July 12, 2006
Amended 2006, Ky. Acts ch. 192, sec. 3, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 2, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 30, effective January 1, 1975.
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§ 503.070. Protection of another.
Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION

Current through 2011 Legislative Session

§ 503.070. Protection of another
(1) The use of physical force by a defendant upon another person is justifiable when:

(a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and

(b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.

(2) The use of deadly physical force by a defendant upon another person is justifiable when:

(a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055; and

(b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.

(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

History. Effective: July 12, 2006
Amended 2006, Ky. Acts ch. 192, sec. 4, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 32, effective January 1, 1975.
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§ 503.055. Use of defensive force regarding dwelling, residence, or occupied vehicle - Exceptions.
Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION
Current through 2011 Legislative Session
§ 503.055. Use of defensive force regarding dwelling, residence, or occupied vehicle - Exceptions

(1) A person is presumed to have held a reasonable fea

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Frank Mascagni III

Frank Mascagni III

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(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (2) The presumption set forth in subsection (1) of this section does not apply if: (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; (b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used; (c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or (d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer. (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force. (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. History. Effective: July 12, 2006 Created 2006, Ky. Acts ch. 192, sec. 2, effective July 12, 2006.

Posted

If concerned about your safety you should consider attending a concealed handgun course. These courses are certified by DPS and go into detail on the current state of self defense law.

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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