Quote:
|
One thing I've wondered is the definition of "great/grievous bodily harm" when it comes to use of deadly force to defend yourself. Where is the line drawn?
|
Usually this will be interpreted by your state's case law on the subject (past cases that revolved around this issue) or sometimes it will be specifically defined in statute.
For example, Section 1.07 of the Texas Penal Code defines "bodily injury" as "physical pain, illness, or any impairment of physical condition," and it defines "serious bodily injury" as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
So looking at some of your examples:
So this is not a permanent disfigurement or likely to cause protracted loss of function. It also does not cause death - and while a black eye in and of itself does not create a substantial risk of death, a grown adult hitting you in the head certainly has that potential depending on the circumstances; but overall, probably not serious bodily injury under Texas law.
Somebody is hitting you in the head hard enough to break bone. This can and has caused death. A broken jaw is also likely to cause "protracted loss of function." I think a good argument can be made that this is "serious bodily injury" under Texas law.
Of course, those are not authoritative answers that you can take to the bank; but they do explain how the court will try and answer the question of whether it was serious bodily injury under Texas law. And like everything, a lot will depend on the specific facts of your case. Your state may have a different way of defining that which changes when you can use it.