TX 3:1750 Force to Repel Force, but No Deadly Force to Prevent Ordinary Force
Texas Criminal Pattern Jury Instructions (TCPJI) (2010)
Note: Texas Criminal Pattern Jury Charges were updated in 2015.
Chapter 3. Defenses & Special Evidentiary Charges
XXVII. SELF DEFENSE / DEFENSE OF THIRD PERSON / DEFENSE OF PROPERTY
3:1750 Force to Repel Force, but No Deadly Force to Prevent Ordinary Force
The Penal Code allows force to repel force (9.31) and deadly force to repel deadly force (9.32), but one is not permitted to use deadly force to repel ordinary force. Neither a trivial blow nor a simple assault or battery justifies the use of deadly force. It must be a substantial battery. Scott v. State, 136 Tex.Crim. 439, 125 S.W.2d 1045 (1939) (stating common law rule). (P.C. 9.32[a] — to prevent use or attempted use of unlawful deadly force). Only fear of serious bodily injury or death will justify clean self-defense unto the death.