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If you can articulate the highlighted sections to a jury of your peers you are A-OKAY. So yes, you are protected, but it would depend on what the perp is actually doing and the force he is using. It also may depend if you are a single woman with kids in the house....all these factors the jury will hear about. But if he is breaking or attempting to break into your car or house or place of work, you are legally allowed to use deadly force.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.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was
immediately necessary as described by that subdivision is presumed to be
reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly
force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully
and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
(B) unlawfully and with force removed, or was attempting to remove
unlawfully and with force, the actor from the actor’s habitation, vehicle, or
place of business or employment;
Is it legal? Sure...if you were in fear for your life, and you felt you had no other option.lildave40 wrote:This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.
9.31 describes defense in using only "force" not "deadly force." 9.32 describes defense using "deadly force"Javier730 wrote:From chapter 9 of the Texas Penal Code
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
I hope that helps.
You're O.K. if you can convince the jury that you didn't know your wife had ordered the pizza. Put enough lead in the Domino's driver, and HE won't be able to testify against you. Go ahead and shoot through it. After all, it IS YOUR door.atxscubasteve wrote:If you can articulate the highlighted sections to a jury of your peers you are A-OKAY. So yes, you are protected, but it would depend on what the perp is actually doing and the force he is using. It also may depend if you are a single woman with kids in the house....all these factors the jury will hear about. But if he is breaking or attempting to break into your car or house or place of work, you are legally allowed to use deadly force.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.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was
immediately necessary as described by that subdivision is presumed to be
reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly
force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully
and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
(B) unlawfully and with force removed, or was attempting to remove
unlawfully and with force, the actor from the actor’s habitation, vehicle, or
place of business or employment;
EXACTLY!You're O.K. if you can convince the jury that you didn't know your wife had ordered the pizza. Put enough lead in the Domino's driver, and HE won't be able to testify against you.
In one word.....NO, of course not.lildave40 wrote:This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.
Please do explain....In one word.....NO, of course not.
If it sounds like they are kicking the door in and haven't announced "police search warrant"..etc. you MIGHT be okay. If they are just banging/knocking on the door persistently without identifying themselves or their purpose, then call 911 , position yourself and family in secure/defensive positions. IMHO Never shoot until you can identify that there is a real threat. Once you pull the trigger you can't "un-pull" it.lildave40 wrote:This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.
Taypo wrote:I suppose just about anything is legal if you've got a good enough lawyer. Whether or not it's a good idea is a completely different thing altogether...
