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re: Home defense question. Legal counsel requested

Posted on 5/11/17 at 12:19 pm to
Posted by 12Pence
Member since Jan 2013
6344 posts
Posted on 5/11/17 at 12:19 pm to
quote:

In Texas, you have the right to defend not only your life but property as well, there will be legal questions but if you even catch someone in your yard you can blast them


Yeah, you can blast them if you catch them on your property. However, you're going to be sent "up the river".

quote:


Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.


Sec. 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.
Posted by The Mick
Member since Oct 2010
45198 posts
Posted on 5/11/17 at 12:22 pm to
quote:

If you shoot them outside of the home, drag them into your house ( I have been told this by several police officers)
Posted by TigersHeisman225
Baton Rouge
Member since Oct 2016
632 posts
Posted on 5/11/17 at 12:23 pm to
That deadbolt may have saved that kids life.
Posted by bayourougebengal
Member since Mar 2008
7236 posts
Posted on 5/11/17 at 12:26 pm to
Absolutely kill him. Shoot until the threat is gone (thug is dead)
This post was edited on 5/11/17 at 12:27 pm
Posted by Lightning
Texas
Member since May 2014
3119 posts
Posted on 5/11/17 at 12:29 pm to
No such thing as a "harmless cat burglar."

If you are trying to enter a home by forcing a door or picking a lock, especially with the intent to burgle, you are not harmless.

Having said that, I would likely wait until the door opened, just to be sure it's not one of those drunk or confused person thinking it's their house situations.
Posted by TennesseeFan25
Honolulu
Member since May 2016
8391 posts
Posted on 5/11/17 at 12:33 pm to
quote:

Partner at my firm has been on the phone in his office (I sit next to him) discussing this exact matter for about 30 minutes. Either an extreme coincidence, or I'm not the only one here wasting a ton of time on a daily basis.


Can you tell us the name of your firm so that we can assure we never go there... Some poor guy is getting billed for this, and as the other guy pointed out your boss now knows who you are on here.
Posted by RATeamWannabe
Baton Rouge
Member since Sep 2009
26018 posts
Posted on 5/11/17 at 12:46 pm to
quote:

Is you retarded?


I must be, your joke went right over my head
Posted by Havoc
Member since Nov 2015
39564 posts
Posted on 5/11/17 at 1:22 pm to
quote:

I'm not well versed with Louisiana's laws, but I don't believe you can be sued civilly for the using force while acting in self-defense.

You can be sued but there are considerable statutory protections so it is not common, even moreso if you are in your home or vehicle.
Posted by BeauxNArreaux
Tennessee
Member since Jun 2016
798 posts
Posted on 5/11/17 at 5:51 pm to
quote:

what happened at the next house that guy went to though


Thats for his trigger finger and/or lawyer to figure out.
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