Quote:
...my understanding of Texas law is that you are within your rights to shoot anybody stealing from you on your property...
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My lay understanding is that under t if one uses deadly force against a thief under the the following conditions...
- The act happens during the night, and
- The actor reasonably believes that the use of deadly force is immediately necessary to protect the property, and
- The actor reasonably believes that the proparty cannot be protected or recovered in any other way....
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and the actor can produce sufficient evidence supporting his contention that all of the above conditions did in fact exist, he may successfully mount a defense of justifiability from the standpoint of criminal liability.
It is also my understanding that there is no provision in the Texas code that protects the actor from civil tort remedies if force or deadly force is used to defend property.