seamusTX wrote:I am sorry if I hurt anyone's feelings.
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Texas law has three levels of justification for conduct that otherwise would be criminal:
- exception—The action is not an offense at all.
- affirmative defense to prosecution—The action is justified to the extent that it should be prosecuted only in exceptional circumstances; and the prosecution must prove that the justification is not valid.
- defense to prosecution—You can be charged, indicted, and brought to trial, and you have to prove your innocence.
If you shoot
at someone, you have committed the elements of aggravated assault. It he dies, you have committed the elements of homicide or manslaughter. You can be compelled to prove your justification.
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- Jim
These are NOT correct definitions of the
burden of proof in the Texas Penal Code. They are explained correctly in the TXPC Chapter 2, titled appropriately enough... "Burden of Proof".
- Affirmative defense is worse (for the defendant) than a Defense. At trial an Affirmative Defense must be proved to exist by a preponderance of the evidence. A Defense, must be refuted by the prosecution, beyond a reasonable doubt. You have to submit the Defense at trial, but then it's up to the prosecution to prove your Defense didn't exist.
- Carrying a handgun under CHL, or by a Peace Officer for that matter, is a Defense, not an exception. This is because 46.15 non-applicability has been held (by case law) to be a Defense. So I suppose technically a Peace Officer could be charged, indicted, and go to trial for carrying on duty in a alcohol licensed store, like Kroger (3rd degree felony in TXPC 46.02). However, a Defense is a pretty strong presumption of innocence and I'd be surprised if you'd get too many true bills where one existed, although theoretically you could be forced to go to trial to present your Defense. The prosecutor doesn't have to present it to the Grand Jury.
EDIT: Oh yeah...to keep it on topic, I don't think we need to "Grow Up" and we should be able to call people
Sheep if we want too. As I have found, you don't get to control your thread once you launch it.

4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"