Man assaults your Wife? What do you do?

[RubenZ]

I got to thinking once again :)


Getting a CHL is a big responsibility. So I started to think of scenarios that having a CCW would alter a confrontation.


Lets say the Wife and I are out, a guy unarmed assaults her. Lets just say he grabs her in areas only I should grab. Now, normally I would probably grab him away, punch him in the face and be done with it. BUT, having a weapon on is a whole knew ballgame.


This didn't actually happen. Just curious. What would you experience CHL members do?

[HEMIzygote]

Warning him or telling him to stop won't teach him a lesson.

Lay that dude out and beat the crap out of him if need be.

You won't need the gun since deadly threat won't be involved, cause if it was....he would have taken you out first before he went to the wife.

[DoubleActionCHL]

I got to thinking once again :)


Getting a CHL is a big responsibility. So I started to think of scenarios that having a CCW would alter a confrontation.


Lets say the Wife and I are out, a guy unarmed assaults her. Lets just say he grabs her in areas only I should grab. Now, normally I would probably grab him away, punch him in the face and be done with it. BUT, having a weapon on is a whole knew ballgame.


Just curious. What would you experience CHL members do?

It completely depends on the extent and duration of the threat. You are only justified in using force and/or deadly force in the amount needed to stop the threat. Once the threat is over, the need for continued force is over, unless it is applied in detaining the actor until law enforcement arrives.

This gets you into another can of worms regarding your right to detain a suspect based on his alleged crime. You generally have no problems using force in detaining a suspect who has allegedly committed a felony. If the offense was a misdemeanor, other considerations come into play. And again, the force used to detain must only be applied in the amount needed to successfully detain the individual. In other words, you can't whack him in the head with a brick or shoot him in the leg because you fear he might get up and run.

While you might feel the guy deserves to be shot for groping your wife, it is unlikely that a Grand Jury will see things your way.

The legal department at DPS Austin is generally very good at providing opinions on questions such as this. Sometimes they'll simply tell you that it is up to a court to decide. In your case, however, the answer is completely dependent upon the variables present in the incident.

[chewy555]

I got to thinking once again :)


Getting a CHL is a big responsibility. So I started to think of scenarios that having a CCW would alter a confrontation.


Lets say the Wife and I are out, a guy unarmed assaults her. Lets just say he grabs her in areas only I should grab. Now, normally I would probably grab him away, punch him in the face and be done with it. BUT, having a weapon on is a whole knew ballgame.


Just curious. What would you experience CHL members do?

Dont use your weapon and be the first to call the police.

[frankie_the_yankee]

Push the guy away, call the cops, and get/give a good description of the guy and/or what direction he headed off in.

To me, a gun doesn't enter into this equation as you have described it.

If the guy comes after you or your wife AFTER pushing him away, what you do is pretty much dependent on what HE does.

Pushing and shoving is NOT a sufficient reason to bring deadly force into play. But a more serious assault may take things to that level. Like if the guy starts beating the stuffing out of you to where you could be seriously injured and/or seriously assaulting your wife, it COULD get to that point.

[Dougmyers5]

Ask him how much he is charging you!

Tell your wife she is lucky to get the attention at any cost!

If you must tell him to stop in about an hour and you will be back to pick her up by then.

[DoubleActionCHL]

Again, each instance must stand on its own merits, but I've run across a similar question that I can't answer satisfactorily:

Do you engage in a fistfight or wrestling match with someone of equal stature, or do you pull your weapon to avoid it?

The common answer is, "You don't pull your weapon."

However, I'm of the opinion that, if I'm carrying and I get into a wrestling match with another man, it is highly likely that my weapon will become unholstered and I might not be able to recover it before he retrieves it and shoots me. We also know that, if you do get into a fight and things start going bad for you, this is the worst conceivable moment for one to attempt to draw and fire.

This is definitely where your non-violent dispute resolution skills come in.

[htxred]

i usually either assault him back or i get him kicked out. i frequent places where i know everyone, so it wouldnt be hard for me to get someone tossed out. plus my apparence alone is very intimidating,.. or i would simply assault him back. grabbed plenty of guys and that alone stopped them from messin around.

[RubenZ]

Keep in mind that this did not happen to me. I'm just thinking out loud here and asking what you all would do if this happened to you.

[zigzag]

How about disparity of size.You see this hulky Wresting type dude assaulting, grabbing and let say violating your beautiful petite wife? And u the chl holder a lanky weakling . Wouldnt that fall on the category of assault, attempted rape etc. Then in fear of and with reasonable belief, i will draw or not?

[seamusTX]

See the Penal Code for the definition of sexual assault (§ 22.011). I don't think I can quote it in this forum. It involves more than hands.

Grabbing a person is assault and is not a justification for deadly force.

Texas does not have a crime of attempted rape.

I second the pepper spray.

- Jim

[Supercat]

If you get into a wrestling match with the guy, he might get the opertunity to get your firearm then your in real bad shape.

Push him away from your significant other and retreat the situation and call 911. If he follows or escalates the situation give him the put you had on the gun action and he will understand the possible outcome. again call the cops don't pull the gun unless deadly force becomes warented but usually it never goes past the point they understand you are prepared to defend.

[grandpatim]

Here in our town the police take both parties to jail. If you are assaulted and you fight back you go to jail too. Being in EMS here I've seen it happen lots of time. I have seen women that are being beat up by their husbands who fight back go to jail too. We transport them to the ER and then the cops take them away after the treatment is done. I don't know if thats the way its done in other places. Kind of makes me scared to use deadly force here if I need to. But I guess jail is worth it if your protecting a loved one.

[frankie_the_yankee]

How about disparity of size.You see this hulky Wresting type dude assaulting, grabbing and let say violating your beautiful petite wife? And u the chl holder a lanky weakling . Wouldnt that fall on the category of assault, attempted rape etc. Then in fear of and with reasonable belief, i will draw or not?

Disparity of force (size in this case) can be an element that would cause a reasonable person to conclude that they were in imminent danger of death of grievious bodily harm. Note that size differences do not THEMSELVES justify the threat or use of deadly force. Just that a significant difference in size or strength can be a factor that a reasonable person would take into account.