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Yes indeed, well donejamminbutter wrote:Well done!
One memory from my CHL class does come to mind...The instructor indicated not to use pronouns such as "you" when telling someone that you will shoot. The premise is that by doing so may be deemed a "threat" and you would be the one in trouble.
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That would not apply to this case where the individual was already in the process of committing a felony crime. Justification for threat of use of force or deadly force was already in play.jamminbutter wrote:Well done!
One memory from my CHL class does come to mind...The instructor indicated not to use pronouns such as "you" when telling someone that you will shoot. The premise is that by doing so may be deemed a "threat" and you would be the one in trouble.
No. Texas has Robbery and Aggravated robbery. Threat only is still robbery until he actually produces a weaponLAYGO wrote:You did a great job.
Had they caught the guy, would he have been with aggravated robbery because he "said" he would shoot?
§ 29.02. ROBBERY. (a) A person commits an offense if, in
the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.
§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.
To me, it looks like the threat of a weapon implies a fear of imminent bodily injury, which would classify this as aggravated robbery.Keith B wrote:No. Texas has Robbery and Agrivated robbery. Threat only is still robbery until he actually produces a weaponLAYGO wrote:You did a great job.
Had they caught the guy, would he have been with aggravated robbery because he "said" he would shoot?
See the definitisons below
§ 29.02. ROBBERY. (a) A person commits an offense if, in
the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.
§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.