Use of deadly force

[chadreed88]

Can you shoot someone in the state of Texas for breaking into your car or stealing something from outside your home? I've looked on Internet and people say yes and no so thought maybe the good intelligence on here could lead me to a for sure answer. Been lots of stealing and car burglaries here lately where I live. I was asleep about 30 minutes ago and my car alarm starts going off so I grabbed pistol and went outside but didn't see nothing. Just wanted to know for sure because I feel like its very possible for my cars to get hit because streets are dark in front of house

[westtexducks]

You can light em up in the dark, but you can't during the day.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

[BryanB]

^^^^^^This

[sierracharlie338]

You can light em up in the dark, but you can't during the day.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

This indeed!

[Tylerbost33]

Well he said all you need to hear then huh?!

[Daddy D]

Let's not skim over some rather important words/phrases:
"reasonably believes that deadly force is immediately necessary";
"cannot be recovered or protected by any other means";
"expose the actor to a substantial risk of death/serious bodily harm"

[outlaw38]

A new car will be cheaper than the court cost.

[tvc184]

Can you shoot someone in the state of Texas for breaking into your car or stealing something from outside your home? I've looked on Internet and people say yes and no so thought maybe the good intelligence on here could lead me to a for sure answer. Been lots of stealing and car burglaries here lately where I live. I was asleep about 30 minutes ago and my car alarm starts going off so I grabbed pistol and went outside but didn't see nothing. Just wanted to know for sure because I feel like its very possible for my cars to get hit because streets are dark in front of house

You can in certain circumstances use deadly force but the mere fact that someone committed certain crimes is not a blank check to start shooting.

An example is that you can, under some instances, use deadly force for theft that happens in the nighttime. That doesn't mean that if a guy is out stealing you can shoot him with no other requirements. You can use deadly force to stop the theft that is in progress if you "reasonably" believe that the force is "immediately necessary". So if you could have stopped the crime without deadly force, it was not "necessary".

Merely stating those words does not make it a fact and the cops simply walk away having deemed it as lawful. The person or body that determines if your beliefs were "reasonable" may eventually be a judge or a jury. So if you see a person that you know is your 12 year old neighbor and he is stealing a $5 plant off of your porch and you see him at Midnight, you are going to have a hard time (in my opinion) convincing a jury that it was "immediately necessary" to kill the child in order to prevent the theft in the nighttime. If it was a 6'4" guy that is twice you size, you would have a much easier time showing that you had to use deadly force or risk being killed yourself if you tried to stop such a hulk.

The law says that after the listed crimes, you can also possibly use deadly force "if" the person was "escaping with property" and then only if you (again) reasonably believed that the property could not be protected by "other means" or that to do so would expose you to serious danger like in the previous example of the guy that is bigger or may be armed. Again, you may have a jury sitting in judgment if your beliefs were "reasonable".

A key to using deadly force on a person that is fleeing from the listed crimes is that the person getting away "with the property". So a guy breaks into your car at Midnight and sees you come outside and runs away. You get mad and shoot him in the back half a block away. Unless he has property from your car on him, you just committed murder. If he has your car stereo in his hands, you might be okay.

Each circumstance is different and will be judged by the police, then the DA, then a grand jury and then potentially a judge or criminal jury.

You asked the question, "Can you shoot someone in the state of Texas for breaking into your car or stealing something from outside your home?". The answer is maybe yes and maybe no. It all depends on the circumstances in each case when the state law is applied. It also might matter where you are located. While the law is the same everywhere in the state, how it is applied in each county by the DA might be different or how a jury sees it may vary greatly. By that I mean that while by the letter of the law, you might actually be guilty of murder because your actions were not reasonable BUT if you shoot some guy stealing something at night in the south Texas ranch areas, you might have a very sympathetic jury whereas as one in downtown Houston might stick more to the letter of the law. In the exact same circumstances, you may walk away in Live Oak County and be convicted in Harris County.

[tvc184]

Let's not skim over some rather important words/phrases:
"reasonably believes that deadly force is immediately necessary";
"cannot be recovered or protected by any other means";
"expose the actor to a substantial risk of death/serious bodily harm"

I need to learn to write that concise.

[Daddy D]

I need to learn to write that concise.

Gonna go out on a limb: Are you a practicing attorney?

[tvc184]

Gonna go out on a limb: Are you a practicing attorney?

I don't even play one on tv and I didn't sleep at a Holiday Inn Express last night.

But I am a 29 year cop.........

[bpa556]

If you shoot for property crime alone, the case will almost certainly be presented to the Grand Jury for indictment. If GJ returns "no bill" you are good to go legally (civil suit may still bankrupt you). If you are indicted you will spend several fortunes defending your actions no matter the outcome. Cheaper to file insurance claim for stolen property. It sucks, but shooting someone out of "principal" because the law indicates that you can will cost you dearly in both money and quality of life.

[Stan R]

Really think hard about the use of deadly force, No matter the circumstance it will change your life forever.

[huntnfishtex]

A new car will be cheaper than the court cost.

X2. I wouldn't shoot somebody for breaking into my car or stealing my car. Not worth somebodys life imo. Now if you break into my house where my family is at you better watch your *** cause I'm gona come out shooting!

[Buckshot-73]

If you shoot for property crime alone, the case will almost certainly be presented to the Grand Jury for indictment. If GJ returns "no bill" you are good to go legally (civil suit may still bankrupt you). If you are indicted you will spend several fortunes defending your actions no matter the outcome. Cheaper to file insurance claim for stolen property. It sucks, but shooting someone out of "principal" because the law indicates that you can will cost you dearly in both money and quality of life.

This... Well said sir.