Thanks for the links...I just want to do my research and be throughout. We are actually planning to get a dog later this year. Why do you think it;s always a woman that brings up the convo? He did when he told me he wanted to take CHL and that he was going to shoot anyone who breaks in the house after a car break in on our street. That's when we started discussing it.
ok, I have this question: What if you saw the robber in the middle of the night, and you just shot out of fear...you end up killing him, but as it turns out, he was unarmed, he was simply trying to steal your stuff and run off. Are you than charged with murder?? In a situation like this, i dont think people have time to sit and think weather it is reasonable for them to use their gun or not...i think u have to act fast or you can get killed...but i'm just worried about the above scenario occuring.
No, I live here in Houston. I'm sure you won't be charged if he was in your house, unlawfully. That's my issue...what if the robber breaks in with no weapons, will you still be charged with murder if you shoot/kill him?
Inside your house? Texas = Castle Doctrine Castle Doctrine - is an American legal concept arising from English Common Law[1] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.
This is only the first prong of the 3 prong Castle Doctrine in Texas. You also cannot be committing a crime (other than a class C offense) and you cannot provoke the person you are shooting.
With the way people are these days just because you think you live in a good neighborhood does not mean you don't need protection.
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/012008dnmetfightingback.6a8cbd.html http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00378F.htm http://en.wikipedia.org/wiki/Castle_Doctrine Hopefully these websites help you answer your questions about the castle law . Also I asked some officers I know, and they said while a person is on your property illegally you can shoot them. But you are not allowed to shoot them in a spot that will just wound them. If you fire your gun, it must be a kill shot only, without damaging a neighbors personal property. If it doesn't meet those requirements, you could be liable for the damage to the burgular, and for the damage to the property.
Self-Defense and civil liability have nothing to do with one another in any cicrcumstance. The penal code specifically says the section on self-defense doesn't infringe upon any potential civil suits.
don't really have on off hand - just giving you the prongs straight from the penal code. However, you should be aware, that even if someone isn't charged with murder, most cases involving a death are at least heard by the grand jury.
thanks for your inputs... i just rather leave the house without doing anything! but my fiance is so set with the idea that he will SHOOT anyone who breaks in the house when we are home at night. hopefully, we won't ever have to deal with this. EVER.
