[Roman_War_Criminal]

I wonder if he would have been charged had he done just that.

My brother-in-law cop says he would have, but he’s in TX.

[Hulka]

I'm in Texas as well and no, if attacked like that and the attacker was shot, the CCW person would not be charged automatically. If in the struggle, a choke-hold mind you, you are in fear of your life and have a right to protect yourself with force, too include deadly force.