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Thread: home defence

  1. #21
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    Dec 2009
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    Houston, Texas
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    Quote Originally Posted by Vern Humphrey View Post
    On the other hand, Texas permits the use of deadly force to protect property after dark.
    This is true. It is also true in some circumstances in the daytime. It is interesting that in Texas it's easier to justify deadly force to protect property, even in cases of misdemeanor theft, than to justify it in defense of yourself or another from death or serious bodily injury. It must be noted that this only applies in theft cases so you would have to show an actual theft was in progress to assert the defense.
    Last edited by Art; 10-21-2017 at 11:10.

  2. #22

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    In Idaho, they are pretty much toast when they break in.

  3. #23
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    Aug 2009
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    Deep in the Ozarks
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    In Arkansas, the law says it is state policy to regard ANY force used by a homeowner to stop an unwanted intruder or arsonist to be reasonable. And if any charges arise is such a case, the judge is required to read the law to the jury.

  4. #24

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    Quote Originally Posted by Art View Post
    The OP is scant on details, such as whether the person is in or out of the residence which can be a huge factor in justifiable homicide cases. State laws also vary...a lot, but, generally, lf you can not demonstrate the threat of death or serious bodily injury is present to you or someone else at the instant you pull the trigger be prepared to be charged with aggravated assault, manslaughter attempted murder or murder if you shoot anybody. This is especially true if the person is running away. Again, without knowing the details its hard to tell but I don't know of a state where retribution is grounds for the use of deadly force.

    \My own thought is that if you dispatch the intruder with an edged weapon - that requires you to be up front and personal - you may have better luck claiming "it was me or him."


    jn

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