TexasCHLforum.com

JKDubb wrote:

To answer Question 1, I will say that I have been there, I can't discuss the situation because the investigation is ongoing but, no shots were fired. The guns were pulled out on us first and we retreated, we were pulled over and after speaking with the LEO's they told me that because of the location (Club) a shooting would be unjustified sober or not.

KD5NRH wrote:

txinvestigator wrote:Of course there is a legal ramification. Regarding your incident; was the victim IN the car,

How is that relevant to the defense for preventing criminal mischief?

Except for the remote possibility of driving away, which would assume your car has the performance of Automan's to get out of reach before the damage is done, there is nothing I could do from inside the car that would stop them by less force than would be necessary from outside.

pbandjelly wrote:There's already a legal precedent in regards to the "Baseball Bat to Car"
The shooter was either no-billed, or ruled not guilty.

I don't think there's a legal ramification here, as much as there is a moral quandry. and that's up to the individual.

LedJedi wrote:Was having dinner with a fellow CHLer last night and had some interesting debates as always and a few things came up.

1) He mentioned that it was under any circumstance unjustified to use deadly force on the intoxicated as indicated by his CHL instructor. I find that a bit difficult to believe and can't seem to find anything in the penal code about it. It seems to me that if someone is drunk that doesn't negate your right to defend yourself and yours.

2) We were also discussing protection of property and there was some discussion of criminal mischief vs theft. Someone keying your car is I believe criminal mischief. Deadly force is not justified in that incident is it?

These are hypothetical, just curious. I'm especially interested on seeing the legal quotes behind this as I'm not able to locate them at the moment.

Xander wrote:

LedJedi wrote: 2) We were also discussing protection of property and there was some discussion of criminal mischief vs theft. Someone keying your car is I believe criminal mischief. Deadly force is not justified in that incident is it?

Well, the law says:

P.C. § 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.

IANAL, but given those restrictions, I think any prosecutor worth his salt could probably get you convicted on a murder charge if you decided to use deadly force against some kid that had just keyed your car.

-Xander