Has anybody every had a case where the defendant is charged with terroristic threat, but the defense attempts to assert a self-defense theory? If so, how did you handle the jury instruction? I guess I'm missing something as to me, terroristic threat and self-defense seem to raise a legal impossibility based on what constitutes a terroristic threat and that self-defense requires the use of force. Am I missing something?<BR><BR>Thanks, Alex from Jasper County DA's Office????

Look at section 9.04 and see if that helps.

9.04 .... What are the facts of your case?

Never had that one, but there is a case in the TDCAA code book on page 22 in which self-defense was raised as a defense to criminal mischief, where the "criminal mischief" arose out of a use of force against another, so I think under the right facts it could apply to terroristic threat also - depends on what he's alleging the victim did first (e.g., V pulled his gun so D pulled his, then V called cops). Good luck!

Well, what it sounds like is they charged him for threatening to kill someone, and he is saying I threatened him in self defense. Section 9.04 deals with threats of force rather than use of force which is regular self defense.