TexasCHLforum.com

Katygunnut

Just make sure that none of the perps look like they could be the son of our current President. If you shoot someone who bears such a potential resemblance, then Federal law overrides state laws based on the Zimmerman case.

Katygunnut

Keith B wrote:In Texas TPC 30.04 Burglary of Vehicles indicates that a person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

For the act of burglary of a vehicle only, the penalty is a Class A misdemeanor. If one prior burglary of a vehicle offense is on the defendant's record, then there is a minimum six months of incarceration. If two or more priors, the offense can be elevated to a state jail felony, with a maximum sentence of two years in the state jail and fines.

So, unless you know the intent is to commit theft or a felony, then the act is just a misdemeanor until that person commits a higher level act (like steals the car or something else.)

First off, I wouldn't shoot at someone who is trying to steal my car unless I had a baby inside the car at the time, or something similar that was irreplaceable.

That said, wouldn't it be prefectly reasonable to presume that someone breaking into a locked vehicle intends to commit theft, at a minimum? Said another way, if a police officer witnesses me breaking into a locked car, are they going to charge me with attempted burglary of a vehicle, even if I don't actually take anything from the vehicle before they arrest me? If that charge can stick, then I think the precedent is already set that it is reasonable to presume intended theft when someone breaks into a locked vehicle.

TexasCHLforum.com

Search found 2 matches

Re: Can you use deadly force to stop someone breaking into y

Re: Can you use deadly force to stop someone breaking into y