LEO ? Catching a thief in the act

[stickman]

Wife's Vehicle was broken into last night. They didn't get much and it looked like they were spooked off before they got into my truck or boat. My question is can a home/property owner be criminally held liable if they shoot/kill someone caught in the act of burglary. More specifically burglary of a vehicle in your driveway.

[Quackerbox]

this is how the law is written. Not the interpretation of innerweb lawyers

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.

[Rack Ranch]

^^^^ Good Answer^^^^^

Sorry to hear this Chris, I have a gated back yard if you wanna move your boat for while.

[zr2chevy22]

Criminally liable most likely NO... But that does not protect them from a civil suit should the family of said **** decide to sue for wrongful death.

[silentstalker92]

a dead man cant talk.

[stickman]

Thank y'all. And I may take you up on that offer walker, depending on what police say. If there has been multiple break-ins we'll go That route.

[T-roy66]

Law change

Criminally liable most likely NO... But that does not protect them from a civil suit should the family of said **** decide to sue for wrongful death.

I'm not a LEO or lawyer but I pretty sure Texas change the law your referring to several years ago. If your case is found to be justified then there is no civil case. Some LEO jump in if I'm not correct.

[zr2chevy22]

I'm not a LEO or lawyer but I pretty sure Texas change the law your referring to several years ago. If your case is found to be justified then there is no civil case. Some LEO jump in if I'm not correct.

Ummmm.... I am LEO and the law hasn't changed. Anyone can be sued for anything civilly. Justification under law doesn't mean you're clear of civil suits.

[glen]

It depends on where you live and the circumstances involved. It’s not a black and white answer. Will you have a defense? Will you be indicted? Better not to find out. I am LEO and will tell you I’m not going to kill someone breaking into or stealing anything from me. If I contact them and I am put in fear of life then that is a different story.

[switchbackxt]

this is how the law is written. Not the interpretation of innerweb lawyers

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.

See highlighted above. You should have a lawyer on retainer as well. Something along the lines of Texas Law Shield.

[Brotherbill]

See highlighted above. You should have a lawyer on retainer as well. Something along the lines of Texas Law Shield.

Bingo!!!! That’s who I have! Great coverage for the price!

[wal1809]

I been a cop for a little while. I assure you there is nothing in that car worth the bullsnot you're going to go through if you shoot somebody under these circumstances. I have investigated my share of these. I have seen grown men shaking like a dog crapping a peach seed after killing an intruder. Were they right, absolutely! You still have to go through the port hole. That is the on scene investigation. An interview with the detectives. The you have to get through the grand jury. If the grand jury says no, you go home. If they say yes, you are about to drop $100,000 on an attorney to beat the charges. Flame me for saying this, but why even ask this question on an open forum? You're asking for trouble.

[Outbreaker]

Ummmm.... I am LEO and the law hasn't changed. Anyone can be sued for anything civilly. Justification under law doesn't mean you're clear of civil suits.

This is true. The law change stated that you could not be held civilly liable. They can still sue, they can still win, the judgement has to be for $0 though. That was how it was explained to me by a civil lawyer.

[Jakesfish]

ding ding ding.... this right here

I been a cop for a little while. I assure you there is nothing in that car worth the bullsnot you're going to go through if you shoot somebody under these circumstances. I have investigated my share of these. I have seen grown men shaking like a dog crapping a peach seed after killing an intruder. Were they right, absolutely! You still have to go through the port hole. That is the on scene investigation. An interview with the detectives. The you have to get through the grand jury. If the grand jury says no, you go home. If they say yes, you are about to drop $100,000 on an attorney to beat the charges. Flame me for saying this, but why even ask this question on an open forum? You're asking for trouble.

^^^^^^^ Spot on.....!!!! you never know whats gonna happen at the business end of a bbl till you've been there on the back end...

[spread5150]

Yea this post would not help you in court. Get a dog. I have been to a lot of burglaries where people have told me “the dogs were barking at 10 and we didn’t even think about it. “. Trust your dogs ��