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Old 01-24-2011, 12:20 AM
Rule 303 Rule 303 is offline
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Join Date: Jul 2009
Location: Texas
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Guys, in Texas it quite Legal and Proper to use Deadly Force to protect property from being stolen during the night time.
I worked several cases from Vehicle Burglary to Theft of Firewood where the perps have either been killed or wounded by the home owner. I had one Home Owner shoot a thief off of his riding lawn mower as he was headed down the street with a 30-30. Never once have I seen the Victim of the Crime indicted. I have seen Letters of Commendation given to the Victims of the Terrible Crimes by the Grand Jury.

And Texas is now a Castle Doctrine State and I don't even see the Victims of the Crime get sued anymore. I have a couple of good friends who are attornies and they say most lawyers refuse to take that type of law suit in Texas and they haven't seen anybody win in a long time.

Here's what the Texas Law says:

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:

Quote:
(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.

Texas is a great place to live if you believe in Law and Order.

Rule 303
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