Don't let your emotions get you in trouble

[blackdog8200]

Which is Burglary, and does not have the Nighttime Requirement!

Thanks, dicion!

Assuming the other criteria are met, deadly force is justified in any of the following:

• arson,
  burglary, (ding, ding, ding)
  robbery,
  aggravated robbery,
  theft during the nighttime,
  or criminal mischief during the nighttime

Don't forget:

PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A
person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other
under Section 9.31; and
(2) when and to the degree the actor reasonably believes the
deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use
of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated
kidnapping, murder, sexual assault, aggravated sexual assault, robbery,
or aggravated robbery.

and also the really weird one that seems odd at first...

PC §9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
justified in using force, but not deadly force, against another when and
to the degree he reasonably believes the force is immediately necessary
to prevent the other from committing suicide or inflicting serious
bodily injury to himself.
(b) A person is justified in using both force and deadly force against
another when and to the degree he reasonably believes the force or
deadly force is immediately necessary to preserve the other's life in an
emergency.

Which is an odd one... you can use deadly force to save someone's life in an emergency.
If you think about it in gun terms, that doesn't make much sense, but remember, the statutes don't specify firearms anywhere in the deadly force section.

If you think about it as something like amputating a limb with a knife, performing a tracheotomy, or something like that, it makes more sense.

I guess you could shoot a guy in the leg that was about to jump off a building....thus using deadly force to stop him from jumping.... But for the record, I don't want to be that test case