Thread: Castle Doctrine
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Old April 25, 2005, 06:39 AM   #18
univtxattorney
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Join Date: March 26, 2005
Location: Austin, Texas
Posts: 103
Quote:
I would still tend towards only defence of life and body not property.
I could not agree more. If I wake up and see someone outside that is running off with my stereo, my first move is to my gun. However, it is only in case the guy decides to come back. If he is making off with my property and is obviously not posing a threat to my life or my family's life, then I will call 911 and let insurance pay.

The problem is, if you find someone who is willing to break into your house in the middle of the night, you never know what he is willing to do. You have to assume that he is armed and that he is out to harm you. If I find him in the house, I am going to make these assumptions and act properly.

I'll never forget my first year criminal law professor telling us that, in Texas, you are justified in shooting someone that is out the front door if they are stealing your toaster. I am not sure how the case law has developed on this matter, because I don't practice criminal law. However, he was pretty adamant that you could exercise this right. As for me, I'd let the toaster go. If you are prosecuted, even if you eventually get off, you are going to be out about $20,000. You can buy a nice toaster for $20,000.
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