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Originally Posted by rat
You're wrong on many account. Having taken law classes in the state of Texas, taught by someone who has practiced law in the state for the last thirty years, it is not legal to assault or kill someone on your property that has not offered you the threat of lethal force. I highly suggest you hit up a site like www.findlaw.com to actually learn what's on the books before shooting off your mouth.
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Let me ask you...did you study the laws that pertain to this or are you conveniently forgetting what the law in Texas says in regards to deadly force?
Texas law states deadly force can be used if...
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"protect himself against the other's use or attempted use of an unlawful deadly force or...
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Which is what you refer to.
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to prevent the other's imminent commission
of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery."
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And even more explicit is State Statute Title 2 Chapter 9 Section 42. Which deals directly with deadly force and theft...
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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;
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Rat not sure if you live here or not but the sheer fact in my 26 years and after hearing of many cases like this not one person,to my knowledge, that shot a robber in their house had a single charge filed against them that stuck.. Your statements MIGHT be true for other states but as for here...it's not true and next time YOU decide you want to clambor upon your high horse and try to tell somebody to "look it up" that you follow your own advice first.