On Fri, 11 Jan 2002, david wrote:
On Friday 11 January 2002 07:34 am, Jim Choate wrote:
In Texas deadly force is legally justified to prevent the imminent commission of burglary.
Actually it isn't.
This means you can shoot if someone is getting ready to break in. You don't have to wait until they are inside.
Actualy they only time you can shoot somebody like this is AFTER DARK, there are other caviats as well.
If you will reread your own link to the Penal code you see that only theft and criminal mischief have the nighttime stipulation.
I'll be happy to let you talk to my lawyer (he used to be an Asst. Attorney General) and you can call APD directly if you'd like. They DO include burglary with respect to using deadly force. In fact, in say a case like somebody breaking into your car and stealing CD's, to be legally protected you MUST see them with your property, simple 'belief' is not enough. Of course there is nothing to stop you from planting between the shooting and the arrival of your local LEA.
The following statute is the one that says you have to retreat unless you are at home. I am a Texas Department of Public Safety certified Concealed Handgun License instructor.
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