Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: avenir

In Texas, shooting and killing someone though your door would also get you a murder charge.


18 posted on 07/20/2016 8:35:02 AM PDT by Timpanagos1
[ Post Reply | Private Reply | To 5 | View Replies ]


To: Timpanagos1

I dont’ believe that is true since you can shoot someone for trespassing at night in Texas... during the day, you must reasonably believe that deadly force is required to stop harm to you or another person, or the person is trying to steal from you.

In Texas, there are several situations where a person is justified in using force or deadly force.

A person may use force against another to the degree the person believes that it is reasonably necessary to protect themselves or a third person from another’s unlawful use of force.

Deadly force is defined as the degree of force likely to cause death or serious bodily injury, which includes actually firing a gun. However, the threat of using deadly force by displaying a weapon, if it is intended to cause apprehension that an actor will use deadly force if necessary, is defined by law as the use of force not deadly force.

In Texas it is presumed that deadly force was reasonably necessary if it is used against an individual who was unlawfully or forcibly entering or entered into an occupied home, business, or vehicle or is attempting to forcibly remove another against his or her will from an occupied home, business, or vehicle. Deadly force is also presumed to be justified to prevent the commission or attempted commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery and aggravated robbery.

In Texas if a person is present in any place where they have a right to be, they have no duty to retreat and have the right to use force, including deadly force, if they reasonably believe that it is necessary to prevent death or serious bodily injury to themselves or to prevent the commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery or aggravated robbery.

Texas law allows a person to use force in the protection of property to prevent or terminate another’s trespass or other unlawful interference with the possession of real or personal property. Deadly force can be used in Texas when the crime against property is classified as arson, burglary, robbery, criminal mischief at night or theft at night. Deadly force may also be used to prevent a person from fleeing with property immediately after the commission of a burglary, robbery, aggravated robbery, or theft during the nighttime if the actor believes that the property cannot be recovered by any other means or the use of force other than deadly force would expose the person to a substantial risk of death or serious bodily injury.

Texas also allows a person to use force and deadly force to protect the personal property of a third party. The use of force is permissible if the person believes that the force or deadly force is necessary to prevent the commission of theft or criminal mischief, or if the person believes that the third party has asked them to protect the property, the person has a legal duty to protect the property, or the third party is the spouse, parent, child or under the care of the person using force.


37 posted on 07/20/2016 9:20:58 AM PDT by willyd (I for one welcome our NSA overlords)
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Timpanagos1
In Texas, shooting and killing someone though your door would also get you a murder charge.

Pennsylvania

2.1) Except as otherwise provided in paragraph (2.2), an actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:

(i) The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle.

(ii) The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.

38 posted on 07/20/2016 9:21:52 AM PDT by Stentor (Free the Rosenbergs--Oh wait. Nevermind.)
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson