Search found 4 matches

by CHL/LEO
Mon May 28, 2007 3:08 pm
Forum: General Texas CHL Discussion
Topic: Car Burgulary Last Night
Replies: 73
Views: 9607

A person walking toward you, unarmed, does not meet that requirement.
Unless they are physically bigger and stronger than you (your 70 year old man example) and are telling you the entire time that they are walking toward you that they're going to take your gun away from you and kill you with it - AND you believe that they will do exactly that. Then I believe you might be able to justify your actions. Of course, it depends upon the Grand Jury and the totality of the circumstances at the time.
by CHL/LEO
Sun May 27, 2007 11:59 pm
Forum: General Texas CHL Discussion
Topic: Car Burgulary Last Night
Replies: 73
Views: 9607

It's not just preventing a property crime where you might be justified in using deadly force. It's also justified if you believe they are escaping and there would be no other way for you to recover your property. Now by no means am I saying to use deadly force to protect or prevent the loss of property, I'm just trying to expound upon the latitude given by this section of the Penal Code.
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
by CHL/LEO
Sun May 27, 2007 10:46 am
Forum: General Texas CHL Discussion
Topic: Car Burgulary Last Night
Replies: 73
Views: 9607

Someone breaking into cars and stealing loose items is not an experienced criminal.

There are plenty of criminals doing exactly this. In fact, we're currently looking for one that has BMVd over 60 vehicles in the same neighborhood within the past month. I don't know whether that meets your definition of experienced or not but it does ours.
by CHL/LEO
Sat May 26, 2007 3:03 pm
Forum: General Texas CHL Discussion
Topic: Car Burgulary Last Night
Replies: 73
Views: 9607

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person;
Even something as innocuous as TPing someones trees in their yard constitutes Criminal Mischief. I would hope that no one would ever shoot someone over something as juvenile as this (especially since it's mainly H.S. kids doing it) but you sure can be issued a citation for it.

Return to “Car Burgulary Last Night”