Use of deadly force

[EnglishRedneck]

If I were you I'd look at getting ccw insurance from Walker Rice and Wisdom- Texas Lawshield. Pays your court costs if you have to defend yourself. That and frangible bullets so as to reduce risk of any complex collateral issues....

[KHoes203]

A new car will be cheaper than the court cost.

This and that's what insurance is for!!! I would not do it because outside the house can get into some serious questions. Just call the insurance man it's not worth the physical and mental damage!!

[Draco]

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.........

A 29 year cop who teaches other cops the law.

[Draco]

There was a case several years ago in Austin where a guy caught some one stealing his radio from his car at night. This was before CDL and he and his girl friend were coming from a bar so I don't know where his gun was. The thief ran with his radio and the guy chased him and shot him several times, in the back, with a 9MM before he stopped running. The thief died. In Austin, the liberal strong hold of the state, I was sure the guy was toast. He got off after the trial. I was stunned.

[Hart8]

Think long,think wrong.
I don't wanna see anyone get smoked over something stupid,but I also want them to at least "think" I would.
Busting a couple off the ground would be my 1st play,while the alarm is blaring.

[Daddy D]

As some have said above: in a civil suit, you are screwed. Plaintiff is going to clean you out. Far too many people process only the criminal sanctions, and not the civil consequences. Read up on some tort law before you shoot at someone.

[eradicator]

Out of curiosity, why would it be different during daylight hours vs. night time?

[tvc184]

Out of curiosity, why would it be different during daylight hours vs. night time?

I am going to take a swag at it.

The intent of the law on using deadly force for property is because it is basically the last means to recover your property. I know from making hundreds of investigations of nighttime crimes, even when someone sees the suspect, when trying to get a description we typically only find out that it too dark. Many times we can't even get the race of the suspect.

In the daylight that is not true, leading to a lot better chance of identifying the suspect and therefore recovering the property. There is something more sinister about someone skulking around at night committing crime.

Remember that the justification for deadly force for property is only recovery and not retaliation and much of that reason goes away in the daytime. If daytime deadly force was legal for property, store clerks or Walmart associates could kill shoplifters. While it would certainly cut down on the crime rate, I am not sure we want to start gunning down a teenager for stealing a pack of gum.

But again, that is just a guess.

[holdem]

Just do what a lawman told me "don't have anything worth stealing" ! I shop at yard sales.

[morris]

a few things I have heard over the years about this
1. nighttime you cant see well
2. fear for your life
3. you will probably have more headaches afterwards with court and everything
4. yes cost to you will probably be high because someone will probably try to sue you for something
5. dead men dont talk

[Chasin Bacon]

Just do what a lawman told me "don't have anything worth stealing" ! I shop at yard sales.

I can relate to that, I have 12 year old base model puckup truck, stick shift, manual windows, rubber floor, AM/FM(no casset or CD) and I leave it unlocked all the time nobody ever targets it.

It helps to live in an area where property rights are respected too, heck the police cheif in Lavon sent out a newsletter one time reminding property owner's they could use force to stop nightime criminal mischief after some fences were spray painted by vandels, they never found the suspects but after the newsletter the issue stopped.

[41Chevy]

Doesn't the Castle Doctrine have civil suit protection?

[Coach W]

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.

Where does this say you cant use deadly force to "stop the thief" in the day time?

I see it to say you can use deadly force to stop a thief anytime where the guy has your belongings, or is in the process of getting your belongings...

I see that it says OR if its during night time... I see a comma between to prevent robbery and the night time stuff.

[Chasin Bacon]

Robbery vs. Theft, robbery in daytime, but to stop theft at night.

[Daddy D]

Where does this say you cant use deadly force to "stop the thief" in the day time?

I see it to say you can use deadly force to stop a thief anytime where the guy has your belongings, or is in the process of getting your belongings...

I see that it says OR if its during night time... I see a comma between to prevent robbery and the night time stuff.

The "or" you are referring to refers to burglary, robbery, aggravated robbery, or theft.

Has absolutely nothing to do with anything else.