Originally Posted by Lord
In TX the intent to kill would have to be proven. this is the reason that they drive home the following: you draw your weapon and shoot (if it comes to that) with the intention of STOPPING the threat. death from firing your weapon should be incidental, not intentional.
I think what he meant to imply that shooting below the waist is still employing deadly force.
The whole argument against shooting to wound being a bad idea hinges on the fact that shooting is use of deadly force whether you intend to kill or not. You realize you don't have justification to kill an attacker, so you shoot them in the leg and they die, your lack of intent to kill is pretty close to irrelevant. "I didn't mean to kill them" doesn't make it a justifiable shooting. At best maybe you get to negligent homicide vs another form of homicide or manslaughter. It falls under you should have known death was a fairly likely option, whether that was your intent or not.
I'm interested in avoiding prison and avoiding being killed. Distinctions that mediate my prison term are not of interest.
I'm no lawyer, I'm sure someone could phrase that better than I just did, and I could be wrong depending on state law.