TexasCHLforum.com

Law includes “attempt.”

oljames3 wrote: ↑Tue Mar 10, 2020 11:31 am

ELB wrote: ↑Sun Mar 08, 2020 5:34 pm

philip964 wrote: ↑Sun Mar 08, 2020 5:20 pm Shot thru the door. At night. Any issues?

Based on the scanty details presented, I would think not. Attempting to unlawfully enter an occupied habitation is justification to presume the occupier of the habitation acted reasonably in using deadly force.

Even if reasonable, we must still have to have innocence, imminence, and proportionality in order to have a good self defense claim. And a good lawyer.
https://lawofselfdefense.com/foundation ... fense-law/

True but this is all subsumed within the presumption of reasonableness in that particular justification.

The whole point of the presumption is that when someone is unlawfully breaking into your habitation, vehicle, or place of business or employment is that your entitlement to safety in your own "castle" is so strong, the time to respond is so short, the risk of PC 9.32 (2)(B) felonies so high, the very act of unlawful entry with force justifies an immediate deadly force response. Thus imminence and proportionality are taken care of. The only additional elements are that the homeowner not have provoked the confrontation (innocence) and not be engaging in criminal activity other than a Class C traffic misdemeanor (more innocence).

There have been several door shootings in Texas of people who were essentially confused as to where they were (generally because they self-confused with alcohol or other drugs) and tried to enter the wrong house. They probably didn't intend to enter to commit kidnapping, murder, rape, nor robbery, they just wanted in the house. But because they were (attempting) unlawfully entering an occupied castle, the occupant's deadly response was legally self-defense.

So unless some new fact comes to light that says this was not an unlawful entry, or the homeowner was protecting his meth lab from a rival, I don't think he will need a lawyer.

philip964 wrote: ↑Sun Mar 08, 2020 5:20 pm Shot thru the door. At night. Any issues?

Based on the scanty details presented, I would think not. Attempting to unlawfully enter an occupied habitation is justification to presume the occupier of the habitation acted reasonably in using deadly force.

https://abc13.com/intruder-shot-in-legs ... r/5995060/

The suspect was shot twice at a home off West Mount Houston Road around 1:45 a.m.

Deputies said the homeowner grabbed a gun when he heard the suspect scaling his 6-foot fence.

He started shooting when he heard the suspect trying to break in.

The suspected intruder was hit once in each leg.

Deputy put tourniquets on.