turbohardtop
Member
- Joined
- Mar 20, 2006
- Messages
- 43
I was wondering what would you do (in TX) when you come home from work and seeing someone trying to leave with your goods and you do not know if the perps are armed. What would you do?
I'm not in Texas, but I think I'd just call the cops, get their identifying info, take photos, etc. While you might have the legal right to intervene with deadly force, you have to ask yourself whether it's worth the risks, including the risk of catching a bullet yourself.
It's funny how one can hypothesize on what he'll do in a life or death situation, and what he actually does. I thought I knew. My first encounter in Vietnam was an early morning sapper attack of our compound. I stupidly ran out of my hooch directly toward the explosions with an M16. Fortunately, I survived that brain fart and was all the wiser for it.......If you can say now what you would do in a hypothetical then you are not using the most important thing, your brain......
Deadly Force to Protect Property
"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."
"A person is justified in using deadly force against another to prevent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. "(Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"
stop them.What would you do?
What if scenario...coming home and seeing someone in your garage
I was wondering what would you do (in TX) when you come home from work and seeing someone trying to leave with your goods and you do not know if the perps are armed. What would you do?
Might be a good idea to change that.The gunsafe is also in the garage.
Originally posted by JellyJar
As you can see the key is nighttime.
As you can see the key is nighttime.
I see that that is just another time I can shoot the person who is in my house.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B); [aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery].
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.