Q: Use of Deadly Force: Is the use of deadly force justified on the basis of stopping the commission Agg Robbery?
An individual with license to carry observes a subject committing agg robbery with a handgun of convenience store. Is use of deadly force justified on the fact of the commission of a agg robbery or must it be argued that it was in defense of third person or self??
A:
Potentially, depending on the exact facts. The rule for defense of a 3rd person is based, in part, on the rule for self defense. Furthermore, the rule for self defense creates a presumption that the deadly force was reasonable in a situation involving aggravated robbery... the presumption is rebuttable by the prosecution, but the fact that the defendant starts with a presumption of reasonableness is huge.
Finally, don't forget deadly force in defense of a third person's property. This is not as good as the defense for protecting a third party, but is still decent and worthy of consideration because the defendant can win on it.
All of these defenses appear in chapter 9 of the penal code, which you can read here: https://statutes.capitol.texas.gov/SOTWDocs/PE/htm/PE.9.htm
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