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Old February 28, 2011, 04:11 PM   #11
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Quote:
The two overiding considerations that are common to most states are your belief in eminate danger to your person and inability to flee.
Read the section of the TX Penal Code posted by hoytinak above, specifically 9.42(3)(A). AFAIK eminent danger and inability to flee are actually not considerations under the TX statute.

That said...
Quote:
The reason I ask is because there have been lots of cases were burglars get shot inside vehicles and the owners walk free from charges...
"Lots of cases" is a dubious assertion IMHO. Care to provide citations?

I have a vague recollection that there was a gentleman several years ago in the Ft Worth area who shot someone in an attempt to stop a nighttime vehicle burglary in his driveway; IIRC he was eventually acquitted, but only after being charged with manslaughter and going through a lengthy court battle. If my memory serves, the miscreant had not succeeded in actually removing anything from the vehicle, and there was some contention that he was trying to flee or surrender when he was shot (see Bartholomew Roberts' post above).
Quote:
Even if the use of deadly force was justified, as soon as the burglar drops the property, there is no more justification for the use of force to protect property... When you start thinking about how fast these situations can play out and how easily you can miss a small detail like that (especially in low light), you start appreciating how easily you can end up in front of a jury yourself when you use deadly force to protect property.
+1.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not official legal advice. Caveat emptor.
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